reasonableness
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A Perspective from the North
A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law Continue reading
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Is Deference Possible Here?
The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading
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Jiggery-Pokery
The standard of review issues in the Supreme Court’s West Fraser decision Continue reading
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading
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Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
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The Paradox of Simplicity
Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity Continue reading
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The Merits of Dunsmuir
Rightly or Wrongly Decided (Then and Today)? Continue reading
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The Return of Correctness in Judicial Review
A rebellion against deference is taking place is Alberta, but how just is its cause? Continue reading
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The True Legacy of Dunsmuir ― Disguised Correctness Review?
Why isn’t judicial review as deferential as courts say it should be? Continue reading
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Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at Continue reading
Double Aspect 