81. The Standard of Review 2019
Update: 2023-01-29
Description
The Standard of Review (taken from Vavilov in the “Administrative Law Trilogy”)
Date: December 19, 2019
Neutral Citation: 2019 SCC 65 | 2019 SCC 66
Breakdown of the decision:
- Chief Justice Richard Wagner and Justices Michael Moldaver, Clément Gascon, Suzanne Côté, Russell Brown, Malcolm Rowe, and Sheilah Martin set out the new approach
- Justices Rosalie Silberman Abella and Andromache Karakatsanis said administrative decision-makers should be given more deference and that the majority’s approach gave judges too much room to substitute their own decisions for those of experts
Cases in Brief for individual decisions:
- Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
- Bell Canada v. Canada (Attorney General), 2019 SCC 66 (two appeals)
Comments
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