Andrew Bernstein says admin law trilogy decision greeted with "relief and delight"
Partner Andrew Bernstein has welcomed the much-anticipated decision in a trilogy of standard-of-review appeals in the Supreme Court, telling Canadian Lawyer it “will be greeted with a combination of relief and delight.”
In making its decision, the SCC established a new framework for the standard of review in administrative law cases, saying the presumption that reasonableness is the applicable standard.
The Canadian Lawyer piece discusses the decisions and reactions to it—that Alexander Vavilov is a Canadian citizen despite his parents being Russian spies, and CRTC allowing U.S. ads during the Super Bowl was unreasonable.
Andrew told the publication the decision was “largely what the bar was hoping for”.
“It gives very clear guidance what the standard of review should be, what standard review should be used, and, more importantly, how to apply it,” he said.
“And I think [the court has] done a really good job of setting out how you conduct reasonableness review.”