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Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman Oct 2009

Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman

Osgoode Hall Law Journal

In Dunsmuir v. New Brunswick, the Supreme Court re-examined its approach to judicial review of administrative decisions to develop a "more coherent and-workable" framework. It merged the deferential standards of reasonableness simpliciter and patent unreasonableness into a single reasonableness standard and emphasized the importance of precedent in determining the standard applicable to a specific category of decision makers. The author makes a preliminary assessment of Dunsmuir's impact on judicial review through an analysis of recent Canadian appellate decisions. He concludes that, white Dunsmuir simplifies the standard of review analysis by encouraging courts' reliance on satisfactory precedents and guidelines to determine …


Public Service Commission-Prevention Of Enforcement Of Commission's Orders By Courts Apr 1935

Public Service Commission-Prevention Of Enforcement Of Commission's Orders By Courts

Indiana Law Journal

No abstract provided.