Dunsmuir revisited

Montréal (City) v. Montreal Port Authority, 2010 SCC 14 was released this morning.  It contains an interesting passage that may suggest a slight movement in the interpretation of Dunsmuir.  Perhaps the "quality" requirement suggests that a merit based review should be part of judicial review:

 

[38]                        The concept of "reasonableness" relates primarily to the transparency and intelligibility of the reasons given for a decision.  But it also encompasses a quality requirement that applies to those reasons and to the outcome of the decision‑making process (Dunsmuir, at para. 47); see also, for example, Art Hauser Centre Board Inc. v. Canadian Union of Public Employees, Local No. 882, 2008 SKCA 121, 311 Sask. R. 272, at para. 33, per Jackson J.A.; Casino Nova Scotia v. Labour Relations Board (N.S.), 2009 NSCA 4, 273 N.S.R. (2d) 370, at para. 30, per Fichaud J.A.

 

Full decision here:  http://tinyurl.com/y6kzcj3