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[1] 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.[2]
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[1] 2019 SCC 65[Vavilov].
[2] 2022 SCC 30 [SOCAN].
