Substantial deference and tribunal expertise post-Dunsmuir: A new approach to reasonableness review
By: Hilary Evans Cameron The Supreme Court recently made clear that judges applying the unified reasonableness standard of review developed in Dunsmuir v New Brunswick should not approach different types of tribunal decisions with different levels of difference. This has created more problems than it has solved. This paper argues that the law should instead recognize that, within the reasonable standard, some tribunal decisions are owed more deference than others. Specifically, the law should distinguish […]

