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Canada Case Law

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Administrative law 2023 FC 1538

Export Development Canada v. Canada (Information Commissioner)

The Federal Court held that EDC could not withhold policy numbers and maximum liability amounts under the EDA or ATIA and ordered disclosure.

  • Subsection 24.3 eda
  • Subsection 18.1 atia
  • Statutory prohibitions
  • Trade secrets and commercial information
  • Confidentiality treatment
  • Access-to-information
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Administrative law 2012 FCA 184

Canadian Broadcasting Corporation v. Montréal (City)

The Court held the CBC’s refusal to pay interest was unreasonable in law: the statutory/regulatory scheme and established administrative policy constrain the corporation’s discretion; unilateral withholding of principal and interim payments pending litigation does not justify indefinite delay and does not create a right to set-off sufficient to avoid late payment supplements; the Federal Court’s quashing of the CBC’s refusals and direction to re-examine LPS claims was correct and is upheld.

  • Payments in lieu of taxes
  • Late payment supplements
  • Discretion and reasonableness
  • Compensation/set-off
  • Statutory interpretation
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Administrative law 2011 FC 937

Montreal (City) v. Montreal Port Authority

The Federal Court quashed refusals by the Montreal Port Authority and CBC to pay late payment supplements on PILT amounts and remitted the matters for redetermination.

  • Payments in lieu of taxes (pilt)
  • Late payment supplements (lps)
  • Judicial review and reasonableness standard
  • Statutory interpretation of s 3(1.1)-(1.2) of the payments in lieu of taxes act
  • Application of interest and administrative charges regulations
  • Judicial-review
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.