Jean-Philippe Groleau

Davies Ward Phillips & Vineberg LLP

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Latest Posts › Supreme Court of Canada

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No “Wait and See,” Says Supreme Court of Canada: Statutes May Be Constitutionally Inapplicable on the Basis of Potential Effects...

In Opsis Airport Services Inc. v. Quebec (Attorney General), 2025 SCC 17 (Opsis), the Supreme Court of Canada (SCC) held that a statute can be declared constitutionally inapplicable to an enterprise carrying on activities...more

6/23/2025 / Aviation Industry , Business Entities , Canada , Constitutional Challenges , Immunity , Judicial Authority , Maritime Transport , Regulatory Requirements , Statutory Interpretation , Supreme Court of Canada

Coherence over Deference: Regulations Are Subject to Same Standards of Judicial Review as Other Administrative Decisions

In the companion cases of Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta), the Supreme Court of Canada (SCC) unanimously confirmed that regulations and other forms of subordinate legislation...more

11/18/2024 / Constitutional Challenges , European Parliament , Judicial Deference , Judicial Review , Reasonableness Factors , Regulatory Standards , Statutory Authority , Supreme Court of Canada , Validity

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting...

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and...more

7/26/2024 / Canada , Criminal Records , Damages , Governmental Immunity , Liability , Supreme Court of Canada , Unconstitutional Condition

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