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Date: | Tue, 14 Apr 2015 09:24:51 -0400 |
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So, the district-level court threw out the Canadian beekeepers' class action
suit against the Canadian government over the ban of imports of bees
(packages) from the USA.
The district court said that the beekeeper's claims "disclosed no reasonable
cause of action".
The appeals court disagreed, and said that the government DID have an
obligation to promulgate regulations that "made sense", and suggested "The
law of liability for public authorities should be governed by principles on
the public law side of the divide, not the private law side".
So, this suit may actually make some "new law", and hold Canadian government
agencies MORE accountable to citizens than private companies would be held
accountable "to the public" or "to customers".
"Broadly speaking, we grant relief when a public authority acts unacceptably
or indefensibly in the administrative law sense and when, as a matter of
discretion, a remedy should be granted. These two components -
unacceptability or indefensibility in the administrative law sense and the
exercise of remedial discretion - supply a useful framework for analyzing
when monetary relief may be had in an action in public law against a public
authority."
http://www.canadianlawyermag.com/legalfeeds/2638/judge-decries-chaos-uncerta
inty-around-liability-of-public-authorities.html
http://tinyurl.com/op4uq5s
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