What is the standard of review for an application for judicial review?
Prince Edward Island, Canada
The following excerpt is from Hawkes v. PEI Human Rights Comm. & ano., 2012 PESC 15 (CanLII):
On an application for judicial review, it is not the result which is the subject of scrutiny, it is the process. Dunsmuir v. New Brunswick, 2008 SCC 9 sets out the two applicable standards of review: correctness and reasonableness. Questions of law that are of central importance to the legal system and that are outside the tribunal’s specialized area of expertise are reviewed on a correctness standard. When reviewing on a correctness standard, the reviewing court shows no deference to the decision-maker.
"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 scope of appellate review of a lower court's decision on a judicial review application? (Prince Edward Island, Canada)
When will an application for judicial review without costs be dismissed? (Prince Edward Island, Canada)
What is the standard of review used in human rights cases? (Prince Edward Island, Canada)
What is the legal test for judicial review of a judge's "unfettered exercise of his unfettered" power? (Prince Edward Island, Canada)
What is the standard of review for a motion? (Prince Edward Island, Canada)
What is the applicable standard of care in medical malpractice cases? (Prince Edward Island, Canada)
What is the test for extending the limitation period for applying for an application to extend the time limit for application? (Prince Edward Island, Canada)
What is the appellate standard of review in a mixed fact matter? (Prince Edward Island, Canada)
What is the standard of review in a custody matter? (Prince Edward Island, Canada)
What is the test for a review of a decision of patent unreasonableness? (Prince Edward Island, Canada)
