Thursday, June 18, 2009

Judicial review

Abdoulrab v.  Ontario (Labour Relations Board), 2009 ONCA 491, released today, has useful comment on the reasonableness standard for judicial review:

[42]          Regarding judicial review on a standard of reasonableness as the determination of whether a tribunal's decision deviates from the correct decision by more than a reasonable margin of error is a grave misconception.  Judicial review on a standard of reasonableness recognizes there is no single outcome that must be regarded as the correct one.  Rather, there is a range of outcomes that are acceptable and the function of judicial review on a standard of reasonableness is merely to determine whether the decision falls within that range.  The Supreme Court of Canada has explained this repeatedly.
James Morton
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