Administrative Law Matters: Unanswered Questions post-Dunsmuir
Administrative Law Matters: Unanswered Questions post-Dunsmuir Tuesday, 15 May 2012 Unanswered Questions post-Dunsmuir In a recent decision , Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada's re-shaping of judicial review doctrine to decisions taken by discretionary decision-makers: [ 19 ] I am inclined to find that the Director is subject to this normal or usual position of deference to his decision-making. But there exists considerable uncertainty on this, arising from Dunsmuir itself, previous case law, and the unusual circumstances of this case: (a) We are dealing with a Ministerial delegate, not a tribunal in any formal sense.
In a recent decision , Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Cour...