Signaling an increased willingness to overturn decisions of
administrative tribunals, the Supreme Court of Canada has reformed
the law governing judicial review in Vavilov, a case about the children of
Russian spies, and in two Bell Canada cases over Super Bowl
commercials.
The Vavilov trilogy concerns how Canadian courts review
the decisions of administrative tribunals and government officials.
The Supreme Court both revised the framework for determining the
standard of review and issued extensive guidance on its
application. Its reasons attempt to bring more coherence and
predictability to a challenging area of law.
The trilogy's impacts will be felt by many who are subject
to the expansive Canadian administrative state—in areas
ranging from pipeline and major public infrastructure approvals, to
professional regulation, intellectual property, environmental law,
regulated industries, immigration, and many others.
