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Explaining the SCC’s ‘duelling banjos’ decision in TWU | Richard Pound

Monday, June 25, 2018 @ 8:52 AM | By Richard Pound

When looking at the reasons of both the majority and minority in the Supreme Court of Canada decision in Trinity Western University et al v. Law Society of Upper Canada 2018 SCC 33, there are elements reminiscent of the duelling banjos episode in the motion picture Deliverance.

It helps to remember that these proceedings were judicial review of a decision taken by an administrative body, in this case, the Law Society of Upper Canada (LSUC), established to govern the self-regulated legal profession in Ontario. Its decision...