< IP News

Supreme Court of Canada Releases Administrative Law Judgments Revising Standard of Review

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.

Information made available on this website in any form is for information purposes only. It is not, and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Oyen Wiggs Green & Mutala LLP professionals will be pleased to discuss resolutions to specific legal concerns you may have.