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The Standard of Review - Update on Recent Developments

September-25-2007

Area Employment and Labour

Summary

Article originally published for The Third Annual National Forum: Administrative Law & Practice, September 24-25, 2007 at the Osgoode Hall Law School, York University

Excerpt from "The Standard of Review - Update on Recent Developments":

Following the 1979 decision of Dickson J. (as he was then) in Canadian Union of Public Employees, Local 963 v. New Brunswick (Liquor Corp.), the Supreme Court of Canada has been in constant conversation regarding the judicial review of an administrative tribunal's decision.  Despite this discussion, the determination and application of the appropriate standard of review remains problematic.  It is well established that the use of the pragmatic and functional analysis is determinative of the standard of review applicable; however, the terminology of these standards is well-defined, their application is less so.  As such, the Court regularly sees the need to address the relevance of these standards and their application to administrative law decisions.

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