What is the standard of review for a judicial review application?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Ambrose, 2003 FC 865 (CanLII):
The first task for a reviewing judge on a judicial review application is to determine the applicable standard of review: Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19, (2003) 223 D.L.R. (4th) 599. In the circumstances of this particular matter, the decision was based on an erroneous finding of fact made in a perverse or capricious manner and without regard to the material that was before the tribunal member. Thus, it must be set aside whether the applicable standard is patent unreasonableness, reasonableness simpliciter, or correctness.
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