Only three years after the Supreme Court of Canada (SCC) refashioned the standard of review in administrative law, the Court has added a new category that attracts the stringent “correctness” review standard: matters where an administrative decision-maker and a court have concurrent jurisdiction. However, this category is not truly new. Concurrent jurisdiction attracted correctness review under the Dunsmuir framework that Vavilov replaced and in which the Court set out five categories that attract correctness review. With the SCC’s decision in Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association (SOCAN), there are now six categories where the correctness standard applies.
Read the complete article here.
 2019 SCC 65[Vavilov].
 2022 SCC 30 [SOCAN].
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About Laurie Livingstone
Laurie Livingstone (She/Her/Hers) is a partner in the Litigation and Dispute Resolution group and practices in both Alberta and Ontario. Her practice focuses on administrative law, appellate advocacy, and complex commercial litigation.
About David P. Konkin
David is an associate in Dentons’ Litigation and Dispute Resolution practice group, focusing on all manner of business-related litigation including commercial and corporate disputes, regulatory appeals, fraud and anti-corruption/bribery. David also provides advice on litigation related aspects of large transactions.
About Cate White
Cate White is an associate in the Litigation and Dispute Resolution group in Dentons’ Calgary office. Her practice covers commercial and civil litigation, regulatory disputes, administrative and constitutional law, with a focus on anti-corruption, bribery, compliance reviews and white-collar criminal investigations.