After taking some time off to absorb and reflect on the Supreme Court of Canada’s much-anticipated decision in Vavilov v Canada (Minister of Citizenship and Immigration), released in December 2019, which reshaped substantive review of administrative decisions, the Stockwoods Administrative & Regulatory Law Case Review is back! In this issue, we explore the Vavilov decision and provide our take on some of its more interesting aspects. We also look at some of the early cases in which lower courts have considered and applied Vavilov and what they might foretell about further developments in this area, including:
- No remedy granted despite unreasonable reasons
- Disguised reasonableness review
- Court’s discretion not to hear issues raised for first time on appeal
- Application of Vavilov to appeals of arbitration decisions
“Download a copy here”.
