Is Vavilov the leading case on standard of review in administrative law?

British Columbia, Canada


The following excerpt is from lululemon athletica canada inc. v. Industrial Color Productions Inc., 2021 BCCA 428 (CanLII):

Vavilov is the leading case on the standard of review in administrative law. It does not address the field of arbitration. In The United Mexican States v. Metalclad Corporation, 2001 BCSC 664, Justice Tysoe, as he then was, distinguished the approach to judicial review for domestic tribunals established by statute from that for the international arbitration of private disputes. Metalclad continues to stand for the proposition that administrative law standards should not be used “to create a standard of review not provided for in the [ICAA]”: at para. 54.

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