Showing posts with label BC Society for the Prevention of Cruelty to Animals v. British Columbia (Farm Industry Review Board). Show all posts
Showing posts with label BC Society for the Prevention of Cruelty to Animals v. British Columbia (Farm Industry Review Board). Show all posts

Friday, 3 January 2014

Internal Standard of Review: A Promising B.C. Decision

I have posted before about the standard of review where an administrative decision-maker reviews another decision-maker: see especially here and also here and here. There are two important matters, in my view. First, the appellate administrative decision-maker is not limited to a choice between a full de novo hearing and a judicial-review type proceeding: there is rather a spectrum of options created by the interaction between the wording of the legislation and the substantive characteristics of the respective decision-makers. Second, a reviewing court should defer to the appellate administrative decision-maker on its choice.