Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Risk Management & Crisis Response 2. First Reference 3. Sunday Night Administrative Review 4. Jumping off the Ivory Tower Podcast 5. Employment & Human Rights Law in Canada

Risk Management & Crisis Response
The OSC’s new proposal to distribute funds from disgorgement orders to harmed investors

One of the characteristics of capital markets regulation in Canada has traditionally included a clear delineation of function and jurisdiction. Provincial securities regulators make and ensure compliance with its rules and its staff’s policy pronouncements, enforced largely through its associated tribunal. Civil and criminal enforcement is the purview of the courts. Recovery for investors harmed by misconduct of market participants has been the purview of the courts or statutory ombud services. These lines are increasingly blurring, and that trend appears to continue. …

First Reference
A closer look at the decision: Google abused its monopoly power

On August 5, 2024, the U.S. Department of Justice, Antitrust Division (DOJ), released a statement about the case against Google: it viewed its victory as “an historic win for the American people.” This is regarding the case in which Google was found to be a monopolist and one that abused its monopoly power with respect to Google Search. The decision of the United States District Court for the District of Columbia (all 286 pages) was filed on August 5, 2024. The court carefully reviewed the relevant contracts. First, there were the browser Agreements between Google and Apple, Google and Mozilla, and Google and other platforms. Second, there were the Android Agreements as well. …

Sunday Night Administrative Review
Issue #148: August 25, 2024

For your interest, a paper of mine about the Supreme Court’s upcoming decisions in Auer/TransAlta (dealing with standard of review for subordinate legislation) has now been published in the Ottawa Law Review. In the paper, I argue that the Supreme Court should jettison the special, hyperdeferential Katz standard, and simply apply the ordinary tools of interpretation endorsed in Vavilov to determine whether an exercise of delegated legislative power fits within the primary authority. More broadly, the paper outlines what the resolution of this problem may mean for our administrative law. …

Jumping off the Ivory Tower Podcast
A Little Rigour Can Go a Long Way… Reflecting on Research Methods in Access to Justice

At a recent conference in Montreal, individuals and organizations involved in access to justice across the country gathered to present current research, share initiatives, and build a strong foundation of knowledge. The conference was grounded in a people-centred approach to access to justice, shaped in part by the OECD Framework and Good Practice Principles for People-Centred Justice. …

Employment & Human Rights Law in Canada
The Importance of Process in Workplace Investigations

Workplace investigations, especially those involving harassment allegations, require a clear and consistent process. Employers in Ontario must be diligent in their approach to ensure compliance with the Occupational Health and Safety Act (OHSA), maintain a safe work environment, and protect the rights of all parties involved. A well-defined process is crucial for three main reasons: it ensures legal compliance, fosters trust among employees and reduces the risk of liability for the employer. …

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*Randomness here is created by Random.org and its list randomizing function.