Introduction

On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta),[1] that the robust reasonableness standard set out in Canada (Minister of Citizenship and Immigration) v Vavilov (Vavilov) is the presumptive standard for reviewing the vires of subordinate legislation, such as regulations.

[1] 2024 SCC 36 [Auer]; 2024 SCC 37 [TransAlta].

Read the full article here.

Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Brandon Barnes Trickett

About Brandon Barnes Trickett

Brandon Barnes Trickett is a partner in the Litigation and Dispute Resolution and Regulatory and Public Policy groups. His practice focuses primarily on administrative and public law matters and appellate litigation, notably in the financial services, securities, communications, and public security sectors. He also has significant experience with constitutional questions, indigenous law, and issues of state liability.

Full bio

Laurie Livingstone

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.

Full bio

Mélanie Power

About Mélanie Power

Mélanie Power is a partner in the Litigation and Dispute Resolution group in Dentons’ Vancouver office. Her practice includes regulatory law, administrative law and public law.

Full bio

Tom Nichini

About Tom Nichini

Thomas (Tom) Nichini is an associate in the Litigation and Dispute Resolution group in Toronto. He has a broad commercial and civil litigation practice with a focus on public, Aboriginal and Indigenous law, and appellate level advocacy.

Full bio

RELATED POSTS