disguised correctness review

June 4, 2018

Is Deference Possible Here?

The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading

Administrative Law, The Justice System

deference, disguised correctness review, expertise, Law Society, reasonableness, Supreme Court of Canada
May 26, 2018

Jiggery-Pokery

The standard of review issues in the Supreme Court’s West Fraser decision Continue reading

Administrative Law

deference, disguised correctness review, jurisdictional questions, reasonableness, regulation, Rule of Law, standard of review, ultra vires
February 23, 2018

The Merits of Dunsmuir

Rightly or Wrongly Decided (Then and Today)? Continue reading

Administrative Law, The Dunsmuir Decade

disguised correctness review, Dunsmuir, procedural fairness, public employment, reasonableness, statutory interpretation
February 15, 2018

The True Legacy of Dunsmuir ― Disguised Correctness Review?

Why isn’t judicial review as deferential as courts say it should be? Continue reading

Administrative Law, The Dunsmuir Decade

deference, disguised correctness review, Dunsmuir, reasonableness, statutory interpretation