The Appeals in Auer v Auer and Transalta v Alberta

Regular readers will be aware that the standard of review of regulations has been a contentious point in Canadian public law for some time now (see e.g. here).

Next week, the Supreme Court of Canada will hear the appeals from the decisions of the Alberta Court of Appeal in Auer v Auer, 2022 ABCA 375 and TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (noted here).

I will have the privilege of a ringside seat for this one as co-counsel for the appellant in Auer. I strongly recommend the written materials filed by the parties and interveners in the case (40582) and in Transalta (40570). The written argument addresses the relationship between Vavilov and prior jurisprudence in detail and also discusses issues such as the content of the record on judicial review (see here and here). In short, the arguments are wide ranging and well worth reading.

Note that the hearing next Thursday April 25 starts at 9am eastern time (6am for early risers close to the Pacific and 7am for those on mountain time).

This content has been updated on April 17, 2024 at 14:43.