Administrative Law Matters

Adventures in Standard of Review: Gannett V. Halifax Regional Centre for Education, 2026 NSCA 16

The Nova Scotia Court of Appeal in Gannett v. Halifax Regional Centre for Education clarified that a statutory "review" triggers a limited judicial intervention rather than a full appellate standard. Justice Fichaud rejected Gannett’s request for correctness review, applying the reasonableness standard consistent with the Vavilov framework. The decision emphasized that the statutory reference to the Board as an "expert body" no longer mandates deference, as Vavilov has rendered expertise a secondary consideration. Ultimately, the case illustrates how legislative language drafted under older doctrines can become redundant as administrative law evolves.