What is the appropriate standard of review for a motion to overturn an administrative decision?
Ontario, Canada
The following excerpt is from Earhart v. Canada (Attorney General), 2019 ONCA 980 (CanLII):
The question for this court to decide is whether the application judge identified the appropriate standard of review and applied it properly. This court, in effect, steps into the shoes of the lower court to focus on the administrative decision: Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36, [2013] 2 S.C.R. 559, at paras. 45-47.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
What is the standard of review applied to a review of an assessment officer’s decision? (Ontario, Canada)
What is the appropriate standard of review for an appeal from a judgment refusing judicial review? (Ontario, Canada)
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding? (Ontario, Canada)
If a motion judge errs in law, will the decision be reviewed on a standard of correctness? (Ontario, Canada)
What is the test for overturning a decision of the administrative decision maker? (Ontario, Canada)
What is the standard of review of a decision by an administrative body? (Ontario, Canada)
What is the standard of review for appeal from an administrative decision on a question of law alone? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
