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SCC should face ‘unfinished business,’ clarify murky law of judicial review: litigator

Monday, April 23, 2018 @ 1:37 PM | By Cristin Schmitz

The Supreme Court’s post-Dunsmuir efforts to clarify the litigious area of judicial review are doomed unless the judges start to hash out the underlying core policy question they face — namely what is the proper role of the courts in overseeing administrative action?

That was a key message delivered by appellate litigator Adam Goldenberg of Toronto’s McCarthy Tétrault at a recent two-day University of Ottawa conference devoted to the legal legacy of former Chief Justice of Canada Beverley McLachlin, who retired last December.

Goldenberg, who clerked...