standard of review | Page 2


Deference Across the Public-Private Divide

Public lawyers may sometimes tend to think that deference is a phenomenon unique to cases involving judicial review of government action. A moment’s reflection should be enough to dispel that notion. For example, judges in civil trials regularly defer to expert witnesses (negligence being a particular case in point) and boards of directors; and appellate […] Read more

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Opening Closed Doors: Fédération autonome de l’enseignement c. Commission scolaire de Laval, 2014 QCCA 591

A background check on a teacher reveals criminal history. He is fired by the elected members of the local school board after a meeting held behind closed doors. He contests the decision and seeks to question three of the commissioners before an arbitrator. They refuse, citing privilege. Unsuccessfully, as it turns out: Fédération autonome de […] Read more

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Standard of Review: Plus Ça Change?

In my recently published article, “The Unfortunate Triumph of Form over Substance in Canadian Administrative Law“, I argued that Dunsmuir did not make administrative law any simpler. It is always gratifying to be proved right, so it is with (gloating!) pleasure that I note the decision in Manitoba v. Russell Inns Ltd. et al., 2013 […] Read more

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Appealing to the Right Place

The Québec Court of Appeal issued an important decision recently, clarifying the appropriate avenues for appeals of (some) administrative decisions: Lebel c. Kanafani, 2013 QCCA 200.At issue here was a complaint against a real estate agent, which was rejected at first instance by the appropriate regulatory body. The applicant then sought leave to appeal to […] Read more