What is the standard of review for a judicial review of an administrative decision?
Ontario, Canada
The following excerpt is from MacLennan v. Ontario Judicial Council, 2013 ONSC 7043 (CanLII):
The standard of review as set out in Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick, 2006 CanLII 32411 (SCC)2006 CanLII 32411 (SCC), makes it clear that with respect to judicial reviews of administrative tribunals, if the issue is one of law the standard is correctness, and if it is one of fact, the standard is reasonableness. The issues herein are clearly fact driven, and thus the standard is reasonableness.
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