Sentences with phrase «standards of review applicable»

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.»

Will the Court of Justice adopt a «uniform» standard of review applicable to all sanctions cases in its judgment in Kadi II or will it follow the AG in varying the standard of review depending on the origin of the sanctions?

The standard of review applicable to a ministerial decision that involves some interpretation or application of its «home» statute (s) seems to be a matter of question these days, notwithstanding that the Supreme Court of Canada attempted to simplify matters on standard of review with its 2008 decision in Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190.

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».

The first step in substantive judicial review under Canadian administrative law is to identify the standard of review applicable to the question or questions in the impugned statutory decision.

Justice Manderscheid canvasses Dunsmuir and earlier Alberta cases concerning the standard of review applicable to FOIP decisions, and based on this jurisprudence he rules the standard of review applicable to the Commissioner's decisions is the deferential reasonableness standard (at paras 26 — 40).

2016 FCA 215 - The FCA has held that the standard of review applicable to discretionary orders made by prothonotaries that was enunciated in Canada v. Aqua - Gem Investments Ltd. should be abandoned and replaced withthe standard that was set out by the Supreme Court of Canada in Housen v. Nikolaisen.

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.

In The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, 2018 ONCA 101, the Court held that the standard of review applicable of SAB arbitral decisions is reasonableness.

These two appeals were heard together because they give rise to the same main issues: the standard of review applicable to insurance arbitral decisions resolving priority disputes arising from the statutory accident benefits regime under the Insurance Act, R.S.O. 1990, c. I. 8, and statutory and contractual interpretation issues affecting the priority question.

In the decision of The Dominion of Canada General Insurance Company v. Unifund Assurance Company, the Court of Appeal has confirmed that the standard of review applicable in priority disputes is reasonableness.

In the decision of The Dominion of Canada General Insurance Company v. Unifund Assurance Company, the Court of Appeal has confirmed that the standard of review applicable in priority...

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.

Why would Justice Khullar hedge somewhat on the standard of review applicable to a decision by a Tenancy Dispute Officer, particularly in light of the precedent in Hetland and the presumption (at para 17) most recently articulated by the Supreme Court of Canada in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd, 2016 SCC 47 (CanLII)(at paras 22 — 24) that the standard of review will be reasonableness where a statutory decision - maker applies and interprets its home statute?

Not exact matches

Finally, because the Impartial Conduct Standards will become applicable on June 9, 2017, the Department believes that firms will make efforts to adhere to those standards, motivated both by their applicability and by the prospect of their likely continuation, as well as by the impending applicability of complementary consumer protections and / or enforcement mechanisms beginning on January 1, 2018, depending on the results of the Department's review of the Fiduciary Rule pursuant to the President's Memorandum.

7) The Committee shall review and consider with the External Auditors the matters required to be discussed by the applicable standards of the Public Accounting Oversight Board.

The publication follows a review of the 2004 standards carried out last year by Dame Dana Ross - Wawrzynski and other leading members of the profession, with the aim of defining guidelines applicable to all headteachers in the current educational landscape.

The commissioner may also place under preliminary registration review any school that has conditions that threaten the health, safety and / or educational welfare of students or has been the subject of persistent complaints to the department by parents or persons in parental relation to the student, and has been identified by the commissioner as a poor learning environment based upon a combination of factors affecting student learning, including but not limited to: high rates of student absenteeism, high levels of school violence, excessive rates of student suspensions, violation of applicable building health and safety standards, high rates of teacher and administrator turnover, excessive rates of referral of students to or participation in special education or excessive rates of participation of students with disabilities in the alternate assessment, excessive transfers of students to alternative high school and high school equivalency programs and excessive use of uncertified teachers or teachers in subject areas other than those for which they possess certification.

An independent review of the material's alignment to each applicable standard to give educators greater confidence that the product addresses the knowledge and skills students need.

Capital One Investing does not review any action or inaction of a fiduciary with respect to any Account, including any action or inaction taken by COA with respect to the Program, and disclaims any responsibility for determining (i) whether a fiduciary's conduct satisfies applicable standards of care, or (ii) the validity of a person's or entity's status, or capacity to serve, as a fiduciary.

It might be of use for readers to also review the applicable ISO standards.

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by law.

Finally, what is the applicable standard of review?

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

As a refresher, Dunsmuir held that certain presumptions will point to the applicable standard of review; the level of deference afforded to statutory administrative decision - makers.

On appeal, the Virginia Court of Appeals recognized that the applicable standard for reviewing a trial court's ruling that a party was in contempt of court was the abuse of discretion standard, citing Epps v. Commonwealth, 47 Va..

The appellate court first recognized the applicable standard of review, that the evidence would be viewed in a light favorable to the prevailing party, all reasonable inferences in its favor, citing Congdon v. Congdon, 20 Va..

In a nutshell: the relevant jurisprudence concerning the applicable standard of review of intelligence sources and analysis was developed by the General Court in a series of judgments concerning the freezing of assets of the People's Mojahedin Organization of Iran («PMOI») in connection with the EU's fight against terrorism.

The continued focus on enforcing the Foreign Corrupt Practices Act on conduct by affiliated entities of US corporations impacts our investigations work, as we know that ethics issues that arise need to be viewed not just as potential violations of local law and not just as local employment - or labor - issues, but need to be reviewed and addressed with the scrutiny applicable in the US under our corporate ethics standard.

In the decision, Justice Morris J. Fish wrote, «In my respectful view, the Court of Appeal erred in reviewing the arbitrator's decision for correctness: reasonableness is the applicable standard.»

And reasonableness is the applicable standard of review here ̶ the questions of law at issue are of «a very technical nature» which the CITT will often be better equipped than a reviewing court to answer.

The Court of Appeal unanimously overturns the chambers justice on this point, and rules the applicable standard of review to apply to the Minister's decision is reasonableness.

The fact that the Court of Appeal provides 116 paragraphs of reasoning on this issue, and splits on why reasonableness is the applicable standard here, tells you that standard of review analysis remains anything but simple these days.

I am surprised by the number of appellate level decisions in Canada that rule correctness is the applicable standard to review a ministerial decision, and I must admit to being somewhat puzzled over why this has become an issue.

Despite this, it appears both ATB and the AUPE expended significant time and energy arguing over what the applicable standard of review would be in their case.

Under the reasonableness standard the reviewing court defers to the statutory decision - maker and limits its review to an inquiry as to whether the impugned decision is intelligible, transparent, and justified, as well as within the range of possible outcomes given the applicable facts and law in question (Dunsmuir at para 47).

The identification of the applicable standard of review thus requires a good understanding of how to differentiate between questions of law, questions of fact, and all related iterations between and surrounding these extremes.

Justice Manderscheid decides three issues in his judicial review decision: (1) what is the applicable standard of review?

Dunsmuir also confirmed that precedent is established on the applicable standard of review for a particular decision - maker in relation to a particular type of decision or question (Dunsmuir at para 62).

«The standard applicable to the review of a law society rule is reasonableness,» Justice Wagner wrote, with Chief Justice Beverley McLachlin and Justices Michael Moldaver, Andromache Karakatsanis and Clément Gascon concurring.

A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year - old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a «best interests of the child» standard is applicable.

With Thanksgiving just around the corner, it is good to review the labour standards applicable to statutory general holidays like Labour day and Thanksigiving day (which will fall on October 10, 2011 this year) for the province of Québec.

That, in turn, would have clarified the substantive issues before the court on judicial review and allowed the court to determine whether that definition is reasonable (or correct, if that is the applicable standard) and within the legislative authority of the law society to apply.

The Court stated the applicable standard of review is a relevant consideration in determining whether there is a reasonable chance of success.

It did so despite the fact that some of these findings were not appealed and without ever mentioning the applicable substantial evidence standard of review.»

Our lawyers have counseled boards of directors and trustees on fund governance, the role of independent directors, their evaluation of fund service provider contracts and fees, their evaluation of fund and service provider compliance programs, affiliation and conflict of interest issues, current regulatory issues and industry best practices, standards of conduct and of judicial review of board action and compliance with all applicable disclosure requirements.

Our Utah and Nevada attorneys understand that effective appellate advocacy is about careful issue selection, understanding the applicable standards of review, and having the ability to communicate and persuade through the written word.

The Court of Appeal likewise ruled the applicable standard of review was correctness, but did so on very different grounds, which was the subject of my post in Where Are We Going on Standard of Review in Astandard of review was correctness, but did so on very different grounds, which was the subject of my post in Where Are We Going on Standard of Review in Albreview was correctness, but did so on very different grounds, which was the subject of my post in Where Are We Going on Standard of Review in AStandard of Review in AlbReview in Alberta?.

In the initial judicial review hearing Justice Rooke concluded the applicable standard to review the Board's decision was correctness on the basis that the Board's determination that it could increase assessed property value was a true question of jurisdiction — one of the established exceptions to the presumption of deference owed by a reviewing court to a statutory tribunal interpreting its home legislation (see Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2013 ABQB 526 (CanLII) at paras 18 - 31).

Unless the jurisprudence has already settled the applicable standard of review (Dunsmuir, at para. 62), the reviewing court should begin by considering whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function.