The Supreme Court of Canada has issued two judgments that address how the decisions of administrative bodies should be reviewed by the courts: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (Vavilov) and Bell Canada v. Canada (Attorney General), 2019 SCC 66. These decisions prescribe a new test for determining the standard of review that should be used, replacing the previous test adopted in Dunsmuir v. New Brunswick, 2008 SCC 9. We anticipate that the approach that the Federal Court takes when reviewing decisions of the Canadian Intellectual Property Office and its tribunals will be affected by these decisions.
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