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Simon Shields, Lawyer

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Judicial Review - Standard of Review

Appeals - Standard of Review

Prince Edward County Field Naturalists v. Ostrander Point GP Inc. (Ont CA, 2015)

In this case the Court of Appeal affirmed that the standards of review applicable to judicial reviews and statutory appeals were the same:
[39] Though this case involves a statutory appeal, the parties relied on judicial review authorities in their submissions regarding the proper standard of review. This was entirely appropriate.

[40] The Supreme Court has noted that "[t]he term 'judicial review' embraces review of administrative decisions by way of both application for judicial review and statutory rights of appeal": Dr. Q. v. College of Physicians & Surgeons of British Columbia, 2003 SCC 19 (CanLII), [2003] 1 S.C.R. 226, at para. 21 (emphasis added). Moreover, the standards of review established by the Supreme Court of Canada in Dunsmuir v. New Brunswick, 2009 SCC 9 (CanLII), [2008] 1 S.C.R. 1990, apply not only to judicial review, but also to statutory appeals from tribunals: First Ontario Realty Corp. v. Deng, 2011 ONCA 54 (CanLII), 274 O.A.C. 338, at para. 16.

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