In a civil law context, the development of the “pragmatic and functional approach” in U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048, and subsequent cases, and its gradual refinement into the “standard of review analysis” in Dunsmuir v. New Brunswick, 2008 SCC 9, have changed the language of judicial review. It is no longer common to speak of a “mere error of law” as opposed to an “error of jurisdiction”. It is also not always necessary, in judicial review in a civil context, to explicitly demonstrate an error going to jurisdiction.
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