How Has Dunsmuir Worked? A Legal-Empirical Analysis of Substantive Review of Administrative Decisions after Dunsmuir v. New Brunswick: Findings from the Courts of Nova Scotia, Quebec, Ontario and Alberta

Diana Ginn, Dalhousie University Schulich School of Law
William Lahey Prof., Dalhousie University Schulich School of Law
David Constantine


This is the final article of a three part series1 examining the impact of New Brunswick v. Dunsmuir, on how lower courts undertake substantive review of administrative action. While several later Supreme Court cases have amplified and expanded the Dunsmuir approach, the 2008 decision of Dunsmuir is regarded as the template for substantive review of administrative decision making.