What is the applicable standard of review and what is the deference required to review?

Canada (Federal), Canada

The following excerpt is from Maloney v. Garneau, 2018 FC 188 (CanLII):

The parties agree that the applicable standard of review is that of reasonableness, requiring a degree of deference as outlined in Dunsmuir v. New Brunswick, 2008 SCC 9 at par. 51, 53, 164, [2008] 1 S.C.R. 190). The decision must be justifiable, transparent and intelligible and must fall within a range of acceptable outcomes that are defensible in respect of the facts and the law.

Other Questions


What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the applicable standard of review and what is the standard of correctness? (Canada (Federal), Canada)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the appropriate standard of review in an application for judicial review? (Canada (Federal), Canada)
What is the standard for a County to affirmatively further review its application for a motion to amend its application? (MultiRegion, United States of America)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.