How have courts interpreted Vavilov in the context of a statutory review of an administrative decision?
British Columbia, Canada
The following excerpt is from Attorney General of Canada v Methot, 2021 BCSC 102 (CanLII):
In many cases, this alternative intent or language will be a statutory appeal mechanism. In that case, rather than reasonableness, the standard of review is the appellate standard of review. However, that is not the only standard of review contemplated in Vavilov. As stated at para. 36: … Just as a legislature may, within constitutional limits, insulate administrative decisions from judicial interference, it may also choose to establish a regime “which does not exclude the courts but rather makes them part of the enforcement machinery”: Seneca College of Applied Arts and Technology v. Bhadauria, 1981 CanLII 29 (SCC), [1981] 2 S.C.R. 181, at p. 195 …
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