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JR - SOR - Reasonableness - Use of Pre-Vavilov Precedents. Auer v. Auer
In Auer v. Auer (SCC, 2024) the Supreme Court of Canada dismissed an appeal of a JR, here challenging the Federal Child Support Guidelines as ultra vires their Governor-in-Counsel-delegated Divorce Act authority.
Here the court considers the role of past precedents, particularly in the context of determining issues of 'true jurisdiction':[31] In setting out Vavilov’s comprehensive framework for determining the applicable standard of review, our Court did not entirely discard prior jurisprudence. Rather, the Court explicitly stated that “past precedents will often continue to provide helpful guidance” (para. 143). This remains true even when considering cases involving “true questions of jurisdiction or vires”, though they “will necessarily have less precedential force” because Vavilov ceased to recognize such questions as a distinct category attracting correctness review (paras. 65 and 143). As Paul Daly explains, “past jurisprudence has not been ‘ousted’” by Vavilov ((2023), at pp. 148‑49, citing Terrigno v. Calgary (City), 2021 ABQB 41, 1 Admin. L.R. (7th) 134, at para. 62). Since Katz Group involved a true question of jurisdiction or vires, the Court must carefully examine the role of that case going forward.
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