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The Scope and Meaning of Reasonableness Review

Questions continue to abound about the standard of review of administrative action in Canada. For something apparently simplified in Dunsmuir v. New Brunswick and subsequent cases, it provokes a great many questions. The key question now, in light of the “triumph” of reasonableness, is the scope and meaning of reasonableness review. To what does the […] Read more

Comments

Standards of Review: The ABCA Weighs In

A well-written student note takes me to task for my interpretation of Catalyst Paper Corp. v. North Cowichan (District), [2012] 1 SCR 5. Catalyst has not (yet) proved to be catalytic. It has not been applied to delegated legislation or decisions taken by other elected bodies. I unhesitatingly concede that Canadian courts have treated Catalyst […] Read more