Dunsmuir (2008)

Dunsmuir's Standard of Review Analysis, One Year Later: Canada v Khosa

Last Friday, the Supreme Court of Canada ("SCC") released their decision in Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 [Khosa]. This immigration law case gave the court an opportunity to revisit some of the principles espoused in last year’s landmark administrative law case of Dunsmuir v New Brunswick, 2008 SCC 9 [Dunsmuir]. The facts and lower […]

How Many Times Can You Split the Standard of Review?

One of the most significant challenges currently facing the SCC is to provide clarification on the approach the courts should take in their review of administrative decisions. While the pragmatic and functional approach developed to determine the proper standard of review has provided more flexibility to courts to review administrative decisions on an individual basis, […]