What is the standard of review for the purpose of determining whether the application process is fair, fair and reasonable?
Canada (Federal), Canada
The following excerpt is from Yeager v. Canada (Attorney General), 2020 FCA 176 (CanLII):
On the third issue, the application judge correctly identified reasonableness as the applicable standard of review. On the fourth, the application judge correctly concluded that it required an assessment of whether the process was fair in all of the circumstances. This reviewing exercise is “‘best reflected in the correctness standard,’ even though, strictly speaking, no standard of review is being applied”: Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at para. 54.
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