The latest information and developments on regulatory law across Canada.

Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

By Brandon Barnes Trickett, Laurie Livingstone, Mélanie Power, and Tom Nichini

November 14, 2024

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].

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About Brandon Barnes Trickett

Brandon Barnes Trickett is a partner in the Litigation and Dispute Resolution and Regulatory groups. Based in the Toronto office, his practice focuses primarily on complex civil litigation, securities and derivatives litigation (including ISDA arbitration), enforcement, and investigations in the financial services and insurance sectors. Brandon has particular experience in contentious market integrity matters, including insider trading, exchange operations, misdealing, and securities fraud. Brandon employs proactive risk mitigation strategies to help grow, protect, operate and finance businesses locally, nationally, and internationally.

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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.

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About Mélanie Power

Mélanie Power is a senior associate in the Litigation and Dispute Resolution group in Dentons’ Vancouver office. Her practice includes regulatory law, administrative law and public law. She advises private sector, public sector and government clients on a broad range of litigation and regulatory matters. As part of her practice, she assists clients with matters before regulatory boards and before the courts seeking judicial review of decisions made by regulatory bodies and administrative decision-makers.

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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.

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