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Canadian Animal Law

Judicial Review - Consequences of the Reasonableness Standard

. Tang v. Human Rights Tribunal of Ontario

In Tang v. Human Rights Tribunal of Ontario (Div Ct, 2021) the Divisional Court noted that different legal tests in administrative proceedings was the price we paid for the judicial review 'reasonableness' standard of review:
[10] As noted by the Supreme Court of Canada in Domtar Inc. v. Quebec (Commission d’appel en matière de lesions preofessionnelles), 1993 CanLII 106 (SCC), [1993] 2 SCR 756, a lack of unanimity is the price to pay for the decision-making freedom and independence given to members of these tribunals and that recognizing the existence of a conflict in decisions as an independent basis for judicial review would constitute a serious undermining of that freedom and independence. In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the court affirmed Domtar but added that when a decision maker departs from longstanding practices or established internal authority, it must explain that departure in its reasons and that a failure to do so may render the decision unreasonable.


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