An Update on Standard of Review

October 29, 2013 1:15pm

Nicholas McHaffie
Stikeman Elliott

  • What standard of review applies when a tribunal’s own appeal body reviews a decision at first instance?
    • What degree of deference, if any, is owed?
  • Deference where there is shared jurisdiction
  • Deference with respect to interpreting international law
  • Deference on questions of procedural fairness
  • Is reasonableness the default standard?
  • Interpretation of home statutes
  • Defining reasonableness