Law Cans

What is the Standard of Review? Should a Court Show Deference to a Tribunal?

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Synopsis

West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal)is a 2018 Supreme Court of Canada decision in which the Supreme Court had to determine whether it should overturn the WCAT's decision to expand the duty of employers to ensure that their operations are planned and conducted in accordance with safe work practices to owners. The case provides a useful context to explore the topic of "standard of review," which is extremely divisive in Canadian jurisprudence. Robert Danay is a lawyer with Canada's Department of Justice who has a passion for this topic, and has researched every Supreme Court of Canada decision on the issue going back twenty years. He can be found on Twitter at @RobertDanay