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TOPICS

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Vavilov


COMMENT

Vavilov (SCC, 2019) is a hugely important case for the civil law topics of administrative law, judicial reviews, appeals and much more. So I went through it's entirety with a fine tooth comb and these are resultant extracts from discrete subjects within it. Here they are organized relatively roughly, but they are cross-linked more usefully - as Vavilov extracts - in the several sub-topics that they reflect (eg. the 'Vavilov - administrative - stare decisis' extract is linked again in the 'administrative - stare decisis' subtopic).

Edit Note: you want the Vavilov paragraphs to be cited by number in each of the below issues, since subsequent courts often cite it's law that way. The sub-topics aren't always obvious or consistent. And if you do that, amend the JR-appeal Vavilov entries (elsewhere) accordingly.


VAVILOV Extracts

Purpose

VAVILOV - The Court's Purpose with the Vavilov Modifications

JR - General

VAVILOV - JR - Starting Point
VAVILOV - JR - Remedies
VAVILOV - JR - Remedy - General
VAVILOV - JR - Privative Clauses
VAVILOV - JR - SOR - Expertise
VAVILOV - JR - SOR - Tolerated Uncertainty in Law

JR - SOR - Reasonableness Review

VAVILOV - JR - SOR - Reasonableness Review - Justification - Impact of the Decision
VAVILOV - JR - SOR - Reasonableness Review - Justification - Past Practices
VAVILOV - JR - SOR - Reasonableness Review - Justification - Submissions of the Parties
VAVILOV - JR - SOR - Reasonableness Review - Justification - Evidence
VAVILOV - JR - SOR - Reasonableness Review - Justification - Statutory Interpretation
VAVILOV - JR - SOR - Reasonableness Review - Justification - Other Statutory or Common Law
VAVILOV - JR - SOR - Reasonableness Review - Justification - Governing Statutory Scheme
VAVILOV - JR - SOR - Reasonableness Review - Justification - General
VAVILOV - JR - SOR - Reasonableness Review - Internally Coherent
VAVILOV - JR - SOR - Reasonableness Review - Administrative Law as Pseudo-law
VAVILOV - JR - SOR - Reasonableness Review - 'A Single Concept'
VAVILOV - JR - SOR - Reasonableness Review - The Nature of Reasonableness Review
VAVILOV - JR - SOR - Reasonableness Review - Fairness
VAVILOV - JR - SOR - Reasonableness Review - Reasons - When Required

JR - SOR - Reasonableness Exceptions

VAVILOV - JR - SOR - Exceptions - General
VAVILOV - JR - SOR - Rule of Law Exceptions - Tribunal Boundaries
VAVILOV - JR - SOR - Rule of Law Exceptions - Central Importance to the Law
VAVILOV - JR - SOR - Rule of Law Exceptions - Constitutional Questions
VAVILOV - JR - SOR - Rule-of-Law Exceptions to Reasonableness
VAVILOV - JR - SOR - Non-Exception - Jurisdiction
VAVILOV - JR - SOR - Exceptions - Future

Appeals

VAVILOV - Appeals - Nature
VAVILOV - Appeals - SOR - Determination of the SOR
VAVILOV - Appeals - SOR - Questions of law

Reviews (Appeals and JRs)

VAVILOV - Reviews - Justiciability
VAVILOV - Reviews - SOR - The Political Explanation for Standards of Review (SORs)
VAVILOV - Reviews - SOR - 'Clarifying Terminology'
VAVILOV - Reviews - SOR - 'Exceptions to Reasonableness'

Administrative

VAVILOV - Administrative - Stare Decisis - Vavilov as Starting Point
VAVILOV - Administrative - Remedies
VAVILOV - Administrative - Stare Decisis
VAVILOV - Administrative - Statutory Interpretation
VAVILOV - Administrative - Appeals/JR

Reasons

VAVILOV - Reasons - None
VAVILOV - Reasons - Political
VAVILOV - Reasons - Municipal
VAVILOV - Reasons - Responsive Justification
VAVILOV - Reasons - Template
VAVILOV - Fairness - Reasons
VAVILOV - Reasons - When Required
VAVILOV - Reasons - Basics

Tolerating Uncertainty

VAVILOV - JR - SOR - Tolerating Uncertainty - Administrative Stare Decisis JR Bump-Up

Access to Justice

VAVILOV - Access to Justice - Ironic Use

Common Law

VAVILOV - Common Law - Administrative

Equity

VAVILOV - Equity - Administrative

PUIL

VAVILOV - PUIL - Administrative

PRIL

VAVILOV - PRIL - Administrative

Public Interest

VAVILOV - Public Interest

Jurisdiction

VAVILOV - Jurisdiction - Meaning
VAVILOV - Jurisdiction - 'True' Jurisdictional Questions
VAVILOV - Jurisdiction - 'True Questions'
VAVILOV - Jurisdiction - SOR

Discretion

VAVILOV - Discretion - Fettering
VAVILOV - Discretion - Jurisdiction

Appeal-JR Combined

VAVILOV - Review - Appeal-JR Combined (Yatar)

Natural Justice

VAVILOV - Fairness - Natural Justice

Stare Decisis

VAVILOV - Stare Decisis - Reconsidering Precedent

Statutory Interpretation

VAVILOV - Statutory Interpretation - SOR

CC0

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Last modified: 31-01-26
By: admin