Sentences with phrase «of standard of review»

Thus, the court held that while the Divisional Court chose the correct standard of review, it erred in its understanding of the evidence and of the reasons of the Discipline Committee, and it effectively sought to retry the case in a manner inconsistent with the proper application of the standard of review.

This conclusion by Justice Khullar was in line with the Supreme Court's direction in Dunsmuir that the selection of the standard of review should be guided by precedent.

In Victory Motors, the Court of Appeal crucially confirmed that the Edmonton East decision is definitive of the standard of review applicable to the Board in such instances, and properly applied a deferential review of the Board's decision.

To me, the suggestion that the topic of the Standard of Review is the great Canadian passion, at least for practitioners of administrative law, is firmly tongue in cheek.

The Court's consideration of standard of review, discussion of remedies, and cost awards (when solicitor - client costs are justified in a constitutional case) make for a worthwhile read.

Moreover, the Supreme Court of Canada recently noted that a full analysis of the standard of review is necessary «if the relevant precedents appear to be inconsistent with recent developments in the common law principles of judicial review» (para. 48).

In addition, the depiction of the standard of review dispute as simply one of choosing between «a mixed fact and law exercise» or «an extricable legal error», without regard for the nature of the decision - maker, was explicitly rejected by the Court in Intact.

Stratas J.A. has pointed to a range of factors that may help provide the basis for a more «nuanced» approach to the choice of standard of review as well as strong arguments against an overall presumption of reasonableness: David Stratas, «The Canadian Law of Judicial Review: Some Doctrine and Cases» (October 2017), available at SSRN: https://ssrn.com/abstract=2924049.

Don't Forget or Ignore the Standard of Review A second thing Judge Boudin was surprised to realize upon going on the bench was the critical importance to appellate judges of the standard of review.

Prior to considering the issue, the Court of Appeal determined that the standard of review applicable to the appeal judges» determination of the standard of review is a correctness standard.

However, once the matter of the standard of review was dealt with, both the majority and minority addressed the matters of jurisdiction and statutory interpretation.

Maybe sometimes courts would interfere when they shouldn't, and maybe sometimes courts wouldn't interfere when they should — but that happens now despite all the drama of standard of review; it's not like we're preventing it.

The Supreme Court of Canada released its Dunsmuir decision in early March 2008, hours before my administrative law class at the University of Ottawa, Common Law Section, was to embark on study of standard of review in substantive administrative law.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

However, there is a more pressing matter; one that undermines the practical significance of the standard of review issue.

In Whatcott the Supreme Court of Canada is also considering the interpretation of human rights legislation by a human rights tribunal and makes short work of the standard of review indicating that the law post-Dunsmuir clearly calls for deference to the interpretation by the tribunal of its home legislation on questions within its expertise.

Following Newton v. Criminal Trial Lawyers» Association, 2010 ABCA 39, the Court held that the Tribunal's choice of the standard of review was to be reviewed on a standard of correctness.

What is more, it does not even raise, never mind address, the issue of the standard of review.

A labour arbitrator said that it was, but the Court (unanimous on this point) easily rejected that view, again without addressing either the question of the standard of review or the administrative decision - maker's reasoning (though the majority did discuss it at length on the other issue in the case, which concerned the interpretation of a collective agreement).

Accordingly, a court should be deferential in reviewing an appellate decision - maker's choice of standard of review.

The very purpose of the standard of review analysis is to determine whether a question should be answered by the reviewing court (correctness) or by the decision maker in question (reasonableness).

In other words, while Justices LeBel and Cromwell purported to apply the categorical approach, [60] the real drivers of the choice of standard of review were the much - maligned standard of review analysis factors.

The second stage was the selection and application of the standard of review.

The influence of the standard of review analysis is discernible, however, in Justice Rothstein's determination that the question related to the home statute.

I think this case is of interest to ABlawg readers because it involves the judicial review of a mineral royalty decision and it also concerns appellate - level consideration of the standard of review applicable to a ministerial decision — a topic of recent interest in the judiciary and which Professor Olszynski explores in his recent ABlawg post «Of Killer Whales, Sage - grouse, and the Battle Against (Madisonian) Tyranny».

If we take Justice Stratas at his word, Justice Abella's summary dismissal of the importance of the standard of review debate is downright disturbing.

Finally, I will attempt to outline a path forward on the issue of standard of review, again relying on Justice Stratas's apt suggestions.

In this short piece, I will first review Justice Stratas» contribution on the issue of standard of review in light of the Court's holding in Dunsmuir.

As Justice Stratas notes, this is consistent with the «hierarchy of law,» which provides that statutes are determinative of the standard of review, subject only to successful constitutional attack (11).

The court stated by way of introduction that, «the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of the most contentious issues before our Court and before all courts of appeal, including before the Supreme Court of Canada, in the last 10 to 15 years.»

This simplifying of the standard of review, and the important role of prothonotaries in the Federal Court generally and in intellectual property cases will make appeals more straightforward.

It sought not just to reduce the number of standards of review but also to clarify the meaning of reasonableness.

Note, by the way, that it is possible that the very existence of a variety of standards of review introduces operational costs of its own, both direct and indirect, as litigants spend their time debating the amount of deference that should apply in their cases.

Dunsmuir has stood principally for two things: first (and least controversially), the reduction of the number of standards of review from three to two (eliminating the standard of «patent unreasonableness»); and second, a purported simplification of what the Supreme Court now describes as the «Standard of Review analysis» (see Alice Woolley and Shaun Fluker, «What has Dunsmuir Taught?»

Not exact matches

NBC News chairman Andrew Lack sent a memo to employees on Wednesday in which he said a recent complaint that a staffer sent to the network regarding Lauer «represented, after serious review, a clear violation of our company's standards.»

«We are confident that a thorough review of our track record over 30 years will underscore our commitment to upholding high broadcast standards, and will demonstrate that the transaction will not result in there being insufficient plurality in the UK,» the company said on Thursday.

In the realm of performance appraisal, HRM professionals must devise uniform appraisal standards, develop review techniques, train managers to administer the appraisals, and then evaluate and follow up on the effectiveness of performance reviews.

I would tend to give more credence to the competency of their views than those of housing bears who post analyses and charts at the click of a mouse, all the while unconstrained by due - diligence standards or even such things as the peer - review process that serves academia so well.

In a statement, the lender said it has published its own set of core principles for lending, and said it was «continuing to review and consider the best way to advance comprehensive industry - standards that take into account the full range of responsible credit products that serve small businesses.»)

While unions tend to be hesitant about automation, they are eager for training programs that can help advance their members» skills, says Daniel Wagner, the director of education, standards, and training for the International Sanitary Supply Association (ISSA), which reviews and validates training programs.

Panasonic's Eneloop batteries have long been the gold standard in this kind of tech, and they hold a 4.8 rating on Amazon after nearly 2,000 user reviews.

Scott Charney, Microsoft's corporate vice president in charge of making sure Microsoft (msft) products comply with security and privacy standards, wrote in a blog post that the new facility would give foreign governments in Asia «the ability to review our products and services, both manually and by running tools, but they can not alter what is delivered to customers.»

«We are disappointed by this decision in context of strong performance and good service we have delivered,» Keith Skeoch and Martin Gilbert, Standard Life Aberdeen's co-chief executives, said in a statement announcing the review.

The 11 billion pound merger triggered the right for Lloyds and Scottish Widows, which is part of the British bank, to review an agreement struck in 2014 for Aberdeen to manage pension assets on behalf of Lloyds» insurance and wealth units as Standard Life is a «material competitor» to both.

«The decision to close GBTC to new purchases is driven by concerns pertaining to suitability and eligibility standards of this product,» according to an internal memo the newspaper reviewed.

Reducing fuel efficiency goals for vehicles March 16 Trump ordered a review of federal fuel - efficiency standards for vehicles, which Obama finalized in January, well ahead of schedule.

The government has so far failed to clarify the standards of its foreign investment review process, which garnered headlines as the government rejected BHP's takeover of Potash Corp and became even more muddled in the aftermath of the CNOOC / Nexen and Petronas / Progress takeovers.

Given all the mystery and conflicting claims surrounding Trump's reluctance to comply with what's standard practice for presidential candidates, it's instructive to review the main features of the Trump tax controversy.

Establish an inter-component statistical review / appeal panel, made up of selected component representatives, to: 1) ensure consistent statistical quality standards throughout DOJ, and 2) decide appeals, if requested by components, of influential statistical information.

After careful review and consideration of the comments, the Department is issuing this final rule that will (1) extend the applicability date of the Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2018.