What is the standard of review applicable to the exercise of Ministerial or Administrative discretion?

Canada (Federal), Canada

The following excerpt is from Fleet v. Canada (Attorney General), 2010 FC 609 (CanLII):

The standard of review normally applicable to the exercise of discretion is reasonableness (Telfer v. Canada (Revenue Agency), 2009 FCA 23, at para. 24). In short, the exercise of Ministerial or administrative discretion will stand unless the decision is not “within a range of possible, acceptable outcomes which are defensible with respect to the facts and the law” (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at paras. 47 and 51). V. Analysis

Other Questions


What is the standard of review for an administrative decision-maker exercising statutory discretion? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (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)
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 standard of review applicable to the subject matter jurisdiction under the Food Safety Administration Act? (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 a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
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 appropriate standard of review in an application for judicial review? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.