How the Lower Courts are 'Doing Dunsmuir'

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Dunsmuir, Substantive Review, Standard of Review, Canada


Canada’s leading practitioners, judges, and academics examine the legacy of Dunsmuir.

Ten years after this pivotal case, there remain perplexing questions concerning the standard of review for the substance of administrative decisions. Canadian Journal of Administrative Law and Practice Special Issue – A Decade of Dunsmuir offers insight that will shape the impending debates. In this timely collection, a host of administrative law experts deliver a thorough analysis of Dunsmuir, exposing its flaws, and carefully reviewing the correctness and reasonableness standards.

Discover an enlightening examination of, among other issues:

  • The philosophy of Dunsmuir
  • Correctness and unreasonableness
  • Fairness
  • Comparative and judicial perspectives
  • The effects of Dunsmuir
  • How to move on from the case