Standard of review

AuthorStephen Grant
g Part Six g
refuse to be cynical and I’m sure it’s just me, but I nd the con-
cept of standard of review beyond perplexing. Indeed, there must be a
“better way,” as the Toronto Transit Commission describes its service.
It always seems like ex post facto reasoning to me. Correctness? Rea-
sonableness? Discretion? It depends. Deference to be aorded a statu-
tory tribunal and/or a trial judge? Sure, except when it isn’t. To me, it’s
illusory. In this chapter we have two looks at the problem: one from a
ne and vastly experienced former trial and now appellate judge and the
other from an amusing and insightful civil practitioner trying to decon-
struct the most recent utterance on this subject from the Supreme Court
of Canada.

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