Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canadian Employment & Labour Law

Making the law work for your workplace.

open menu close menu

Dentons Canadian Employment & Labour Law

  • Home
  • About Us
  • Topics
    • Topics
    • Labour
    • Workplace investigations
    • Montréal Newsletter

Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

By Brandon Barnes Trickett, Laurie Livingstone, Mélanie Power, and Tom Nichini
November 20, 2024
  • Human Rights
Share on Facebook Share on Twitter Share via email Share on LinkedIn

On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta),[1] that the robust reasonableness standard set out in Canada (Minister of Citizenship and Immigration) v Vavilov (Vavilov) is the presumptive standard for reviewing the vires of subordinate legislation, such as regulations.

Read more here.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Brandon Barnes Trickett

About Brandon Barnes Trickett

All posts Full bio

Laurie Livingstone

Laurie Livingstone

All posts Full bio

Mélanie Power

Mélanie Power

All posts Full bio

Tom Nichini

Tom Nichini

All posts Full bio

RELATED POSTS

  • Human Rights

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

By Catherine Coulter
  • Human Rights

Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered […]

By Catherine Coulter
  • Human Rights

No Discrimination Where Alcoholic did not Tell Employer

On the Monday morning after becoming intoxicated and acting inappropriately at the company Christmas party, an employee, Mr. Huffman, was fired. […]

By Catherine Coulter

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Check out more at Dentons.com

Working for or against you: Copyright ownership and the “course of employment”

Without explicit provisions in employment agreements, employers risk employees retaining copyright in works they create, even when employees secretly develop a competing product. Employers presumptively own copyright in works made [...]

Legal updates for Canadian employers: Key tribunal and human rights decisions

Canada: On Friday, March 27, 2026, Dentons’ Employment and Labour team hosted a national session focused on recent human rights and tribunal decisions shaping employer obligations across Canada. As workplace [...]

Employment and Labour Law: 2025 Year in Review and Future Trends

The Canadian labour and employment law landscape continued to evolve in 2025 with important developments in wrongful dismissal litigation and human rights. In addition, Canadian legislators introduced new laws intended [...]

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • Confidentiality/Trade Secrets
  • Constructive Dismissal
  • COVID-19
  • Criminal Offences by Employees
  • Employment Standards
  • Executive Compensation
  • General
  • Human Rights
  • Immigration
  • Labour
  • Montréal Newsletter
  • Occupational Health and Safety
  • Pay Equity
  • Pensions and Benefits
  • Privacy
  • Restrictive Covenants
  • Union Issues
  • Workers' Compensation
  • Workplace investigations
  • Wrongful Dismissal
  • WSIB

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2026 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site