disguised correctness


Uncovering Disguised Correctness Review? Wilson v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47

Canadian courts have sometimes described undeferential reasonableness review as “disguised correctness”, cases in which a court says it is applying a reasonableness standard but in fact performs its own analysis of the law and the facts to reach an independent conclusion that it labels ‘reasonable’ or ‘unreasonable’. Here are some examples of judicial uses of […] Read more