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
  • Privacy

Wither ‘Big Brother’? B.C. Privacy Commissioner Reins-in Government of British Columbia Criminal Record Checks

In keeping with her stance on overly-invasive employee background checks, British Columbia’s Information and Privacy Commissioner, Elizabeth Denham, has issued […]

By Employment and Labour Group
  • Human Rights

Employee with “Anger Management Issues” was not Disabled

A police officer who “suffered from bad temper and anger management problems” but said he was able to perform his […]

By Adrian Miedema
  • Human Rights

Ontario’s New Human Rights Policy

In mid-June, the Ontario Human Rights Commission released a new policy entitled “The Policy on Preventing Discrimination Based on Mental […]

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 [...]

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 [...]

A review of landmark decisions in employment and labour law rendered in Québec in 2025

The year 2025 saw several significant judicial decisions shaping the landscape of labour and employment law. In the following pages, we present the key highlights from a dozen rulings by [...]

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