McDougall Gauley LLP's Lauren J. Wihak has co-published the article "Procedural Fairness Review as De Novo Review, or, Why the 'Standard of Review' Terminology Does Not Fit for Procedural Fairness" with Gerard J. Kennedy, assistant professor at the University of Alberta. The article was recently published in the Canadian Journal of Administrative Law & Practice (CJALP) Volume 37, Part 2.
The article addresses some discrepancies in the Canadian administrative law jurisprudence as to the proper conceptualization and characterization of judicial review based specifically on procedural grounds, and the question of whether the vocabulary of “standard of review” is appropriate in these circumstances. The article canvasses the existing case law, situates judicial review based on procedural fairness in its historical context, and suggests that at least in certain circumstances judicial review based on procedural fairness grounds is better characterized as a de novo matter, or, a question of first instance, and not one requiring the identification and application of the standard of review.
The CJALP is a law journal that publishes articles, case comments, and book reviews, focusing on discussions around administrative law issues. It is routinely cited by courts in decisions raising issues of administrative law.
Lauren Wihak is a partner at McDougall Gauley, with a practice focusing on administrative and public law, civil litigation, and appeals. Lauren frequently appears in the Court of Appeal for Saskatchewan, and has also appeared before appellate courts in Manitoba and British Columbia, as well as before the Supreme Court of Canada. She has spoken and presented at numerous conferences and seminars on administrative law, across Canada, and has had a number of her published articles, including others published in the CJALP, cited by Canadian courts including the Court of Appeal for Saskatchewan and the Supreme Court of Canada.
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