What is the appropriate standard of review for the purpose of determining whether a claim has been successful at the Court of Appeal?

Alberta, Canada


The following excerpt is from Amalgamated Transit Union Local 1374 v. Greyhound Canada Transportation Corporation, 2009 ABQB 166 (CanLII):

Having considered the Dunsmuir approach and the measure of deference due arbitrators along with the agreement of Counsel in this particular case, I agree that the appropriate standard of review is reasonableness, meaning “transparent, justifiable and intelligible” (Walsh v. Mobil Oil Canada, 2008 ABCA 268 at para. 47). Background

Other Questions


What is the standard of review for the purpose of determining whether a trial judge made a palpable and overriding error? (Alberta, Canada)
What is the next case to be considered by the Court of Appeal for the purpose of determining whether a by-law prohibits the distribution of a book, pamphlet, booklet, or circular, or tract whatever without the written permission of the Chief of Police? (Alberta, Canada)
What factors must the reviewing court consider in determining whether a decision is final or subject to appeal? (Alberta, Canada)
What is the test for determining whether a plaintiff has been successful in a claim against Hanna? (Alberta, Canada)
What is the test for determining whether a plaintiff has been successful in her claim for wrongful dismissal? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
Is interest included in the calculation of damages claimed for purposes of determining whether the threshold amount is met? (Alberta, Canada)
What is the standard of review for an appellate court reviewing a trial decision? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the standard of review of a finding of fact by a judge at the Court of Appeal? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.