On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. McBain, 2017 FCA 204 (CanLII):
On an appeal from an application for judicial review, the task of our Court is to determine whether the judge identified the proper standard of review and applied it correctly. This Court must thus “step into the shoes” of the judge and focus on the administrative decision at issue (Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36 (CanLII), [2013] 2 S.C.R. 559 at paras. 45-47).
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