Dunsmuir Affects the Administrative Tribunals Act

Posted by Johannes Schenk on April 25th, 2008 — Posted in Employment Law, Human Rights Law, Labour Law, Municipal Law

The ATA dictates procedure and standards of review for many BC tribunals.

Interesting question is how the Dunsmuir case affects statutorily prescribed standards of review.

Now you have your answer in, Howe v. 3770010 Canada Inc., 2008 BCSC 330.

The Court determined that section 58(2)(a) (patently unreasonable) applied to the tribunal in question and proceeded to reconcile the ATA mandated review standard on the analysis in Dunsmiur. The result being that the tribunal’s decision was reviewed on a reasonableness standard.

No Comments

No comments yet.

RSS feed for comments on this post. TrackBack URI

Sorry, the comment form is closed at this time.