Category: Academic Publications

In Sickness and in Health? Spousal Support and Unmarried Cohabitants.

Noel Semple

(2008) Canadian Journal of Family Law, Vol. 24, No. 2, pp. 317-375.

When an intimate relationship breaks down and one of the people involved seeks money from the other, should it make any difference to the law whether or not they were formally married? This article argues that it should make a difference, at least when spousal support is being sought and the parties were never parents together.

(Winner of the 2008 Falconer Memorial Student Essay Competition in Family Law.)

Found here: In Sickness and In Health?

Judicial Review in the Federal Courts: A How-To Guide.

Noel Semple

with Freya Kristjanson, Borden Ladner Gervais LLP.

Prepared for the Ontario Legal Clinics Conference, this is a summary of the procedure and substance of Federal Court judicial review of administrative decisions. This paper was written with a legal clinic audience in mind, and pays particular attention to the federally-reviewed tribunals which clinic workers are most likely to deal with.

Judicial Review in the Federal Courts: A How-To Guide

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them

Noel Semple

(2007) Canadian Journal of Law and Technology, Volume 6, Issue 3, pp. 163-173.

The servers and data streams which make up the internet in Canada are owned and controlled by corporations like Rogers and Bell. These businesses have potentially enormous power to control how the internet works, and how much it costs you to use it. Should the government regulate the ways they use this power? The answer, as I argue here, is both yes and no. (Winner of the IT.Can 2007 Student Essay Competition)

Found online here: Network Neutrality.

The Case for Tribunal Standing in Canada

Noel Semple

(2007) Canadian Journal of Administrative Law and Practice, Volume 20, Issue 3, pp. 305-323.

“Judicial Review” means a court reviewing a decision made by an administrative tribunal. When judicial review occurs, should the tribunal be allowed to send a lawyer to court to defend its decision? I think it generally should, and this article explains why.

Found online here: The Case for Tribunal Standing in Canada

Cited by the Alberta Court of Appeal in Leon’s Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94, at para 25.