Posted at 10:01 AM in Cases: Laffey Matrix, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees Permalink Comments (0) (calattorneysfees.com)
In light of the deference that the prevailing, binding reasonableness standard of review accords to the Tribunal's findings of fact and determinations of questions of mixed fact and law, Justice Brown could not conclude the Tribunal's conclusion fell outside the range of possible, acceptable outcomes defensible in respect of the facts and law. (supremeadvocacy.ca)
The presumption of reasonableness review for interpretations of a decision - maker's home statute, however, assumes that expertise is ever present: «in strengthening the presumption by ignoring or explaining away any factors that might rebut it, the majority risks making this presumption irrebuttable» (at para. 82). (administrativelawmatters.com)