The Supreme Court of Canada’s decision in the Auer case (noted here) confirmed that the standard of review applicable to regulations is reasonableness: the judicial review analysis must be conducted under the Vavilov framework. Auer had a companion decision on discriminatory regulations: TransAlta Generation Partnership v. Alberta, 2024 SCC 37. In this decision dealing with […] Read more
The Supreme Court of Canada handed down its much-anticipated decision on standard of review of regulations in Auer v. Auer, 2024 SCC 36 this morning. I was co-counsel for the appellant, Roland Auer. After the hearing back in April, two things seemed quite clear to me: the Supreme Court would apply the Vavilov framework to […] Read more
I am giving a couple of ‘year in review’ talks in the coming weeks, to the CLEBC Administrative Law Conference in Vancouver on November 21, and the Canadian Bar Association’s Administrative Law, and Labour and Employment Law Conference in Ottawa on November 29. I’ve posted the CLEBC version of the paper to SSRN, “Correctness, Reasonableness […] Read more
Occasionally, cases arises in which the answer given seems intuitively obvious. The only surprise about Re McAleenon, [2024] UKSC 31 is that the case made it to the United Kingdom’s apex court at all (though as we will see there were some unusual aspects to the case that help to explain why the court below […] Read more
