Sentences with phrase «correctness standard of review»

Both Sharma and Bining, as well as Gleeson, kindly stayed for a few minutes after the hearing to take questions from students about the differences between the reasonableness and correctness standards of review, what it means to certify a question for appeal and how frequently immigration matters receive leave to appeal at the Federal Court (only 20 per cent to 30 per cent of matters make it past the threshold for leave).

As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53),

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate [1] and changed the correctness standard of review for appeals from private arbitrations to one...

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate [1] and changed the correctness standard of review for appeals from private arbitrations to one of reasonableness.

The Court of Appeal considered one «unlikely scenario» in which a correctness standard of review would apply to appeals from an insurance arbitration — where the appeal involved an «exceptional» question, i.e. one that was jurisdictional, constitutional or was both of central importance to the legal system and outside of the arbitrator's expertise.

She conducted the review on a correctness standard of review because it was a question of law.

Because of these errors, the appeal judge reviewed the decision on a correctness standard of review, and set aside the decision, concluding that Allstate was responsible for paying the accident benefits owed to the Claimants.

In the unlikely scenario that the issue before the insurance arbitrator is an «exceptional» question (one of jurisdiction, a constitutional question, or a general question of law that is both of central importance to the legal system as a whole and outside the adjudicator's specialized area or expertise), a correctness standard of review may be applicable.