Standard of review: Ongoing chaos or a path to order?

• Author: Greg Temelini
• Pages: 267-271

267

g Winer 2016

Sanar  eie:

ONGOING CHAOS OR A PATH TO ORDER?

GREG TEMELINI

I

’ll admit something to you as long as you agree not to pass it

along. I am a bit of a nerd when it comes to law. When it comes to

standard of review, I am a full-on nerd.

So that’s why I found the Supreme Court’s decision in Wilson v. Atomic

Energy of Canada Ltd.1 so fascinating. It’s a decision that came out in mid-

July– absolutely the best time to release intriguing decisions on standard

of review. There is nothing better than sitting on a beach in 40 degree

weather with a cold recreational beverage of your choosing and contem-

plating the state of Canadian administrative law.

The headlines generated by the Atomic Energ y decision were about the

interpretation of the Canada Labour Code (“Code”). Specically, the big

issue was whether non-unionized employees in federally regulated indus-

tries can legally be dismissed without cause so long as reasonable pay in

lieu of notice is provided– an important and interesting issue to be sure.

The part of the case that did not prompt sound bites on the national

news concerned the real divisions in the Supreme Court about the stan-

dard of review of administrative tribunal decisions.

The case spawned four sets of reasons. It’s always enjoyable when

the Supreme Court oers us four sets of reasons. It’s like playing a game

1 Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29.