Legal Word of the Day: “Standard of Review”

balance-rights“Standard of Review” — In administrative law, this is the amount of deference given by one court or tribunal to a lower court or tribunal, in reviewing a decision. The standards of review are reasonableness and correctness. “Patent unreasonableness” may be useful for demonstrating the threshold of “reasonableness” in a review.

The Supreme Court of Canada clarified the standard of review on appeals in Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235 :

    (i) on questions of pure law, the standard is correctness;

    (ii) on findings of fact, including inferred facts, the standard is palpable and overriding error; and

    (iii) on issues of mixed fact and law, the standard is palpable and overriding error if the issue is the interpretation of the evidence as a whole, and correctness if the issue is interpretation of a legal standard or its application.

Also see:

Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), [2008] 1 SCR 190

MBK Services v. PowerForward Inc., 2013 ONSC 4506 (CanLII)

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