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Certain grounds for judicial review are laid out in s. 18.1(4) of the Federal Courts Act. This section of the Act also transfers authority over judicial review against any federal body from the provincial superior courts to the federal courts. [17]
Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the ...
Binnie J. wrote for the majority, who found that s. 18.1 of the Federal Courts Act set out the threshold grounds which permit but do not require the court to grant relief when conducting judicial review. Binnie J. held that "whether or not the court should exercise its discretion in favour of the application will depend on the court's ...
In Toronto (City) Board of Education v. O.S.S.T.F., District 15, [1997] 1 S.C.R. 487, [2] at paras. 41–48, the majority of the Supreme Court of Canada noted that the test for whether a decision under review is patently unreasonable is articulated differently for findings of fact and findings of law. For interpreting a legislative provision ...
The Chinese-owned social media app requested the court set aside a government order requiring TikTok to wind-up its business in Canada, a filing dated Dec. 5 showed. A spokesperson for Canada's ...
Judicial review in Canada and Australia pre-dates their establishment as countries, in 1867 and 1901, respectively. The British Colonial Laws Validity Act 1865 provided that a British colony could not enact laws which altered provisions of British laws which applied directly to the colony. Since the constitutions of Canada and Australia were ...
Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190 was, prior to Canada (Minister of Citizenship and Immigration) v Vavilov, [1] the leading Supreme Court of Canada decision on the topic of substantive review and standards of review.
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