CLCW - What Difference Will Vavilov Make
|Date:||October 16, 2020|
|Time:||1:00 PM - 4:00 PM|
|Cost:||Pay as you can|
Friday, October 16, 2020 -1:00 to 4:00 pm
DONATE HERE: https://www.givetoqueens.ca/clcw
Friday, October 16, 2020
*the webinar will be eligible for 2.5 hours of Continuing Professional Development credit*
1. Reasonableness Review Post-Vavilov: An Encomium for Correctness, or Deference as Usual?
Is the Vavilov majority’s reasonableness framework an encomium for correctness and a eulogy for deference, as the concurring justices claim? Or is it deference as usual?
2. Expertise and the Standard of Review
What does it mean to say that reasonableness review will be robust but responsive to context? Why did the Supreme Court move away from a contextual approach? Does abandoning a contextual approach including consideration of expertise in determining the standard of review change the degree deference traditionally afforded to tribunals and arbitrators, in labour and employment law and beyond? Should it? What role will expertise and privative clauses now play? Does the removal of expertise as a reason to defer on questions of law of central importance to the legal system as a whole broaden this exception?
3. Review and Reasons
Does Vavilov effectively require written reasons? To what extent must written reasons now respond to the various arguments made by the parties? How would this apply to interest arbitrations? To what extent are the factual findings of labour tribunals subject to judicial review on the reasonableness standard? Given the absence of transcripts of oral evidence in most labour proceedings, what impact might this have?
|RSVP By:||Oct 16, 2020|
Telephone: 613-533-6000 ext. 79599
|See Who's Coming:||View List|