What is the proper standard of review in the context of a motion for judicial review?
Manitoba, Canada
The following excerpt is from Beaulieu v. Alexander (Rural Municipality of), 2011 MBQB 213 (CanLII):
An exhaustive review is not required in every case to determine the proper standard of review. The process of judicial review involves two steps. First, courts ascertain whether the jurisprudence has already determined in a satisfactory manner the degree of deference to be accorded with regard to a particular category of question. Second, where the first inquiry proves unfruitful, courts must proceed to an analysis of the factors making it possible to identify the proper standard of review (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at paras. 57 and 62).
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