Standards of Review in Internal Administrative Appeals

SKU: 62253.02

Author: Justice Frans F. Slatter, JA

The topic of this paper is the standard of review that should be applied by an administrative appeal tribunal when it is hearing an appeal from a tribunal of first instance. These are internal appeals, not external review by the superior courts. To what extent should the appeal tribunal extend deference? Does Vavilov apply?

This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.

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