How much deference do the courts owe regulators? Should courts review regulations differently than other forms of administrative action? In a landmark pair of rulings released late last year, the Supreme Court of Canada clarified the standard of review for challenging regulations in Canada. The SCC’s new guidance in Auer and TransAlta is already impacting businesses in industries and sectors across the country. In this episode of Disputed, Ted and Erin take a deep dive into the SCC’s twin decisions in order to uncover the key takeaways for regulators and regulated businesses in this new legal landscape.

To help guide them through the nuances of Auer and TransAlta, and the cases leading up to them, Ted and Erin are joined by Jean-Simon Schoenholz and Christopher Guerreiro of our firm’s Public Strategy Group – two lawyers with considerable experience litigating these questions. Jean-Simon is a partner based in Ottawa whose practice focuses on public law, appellate advocacy and commercial litigation. Chris is Of Counsel with the firm, based in Toronto. His practice focuses on high-stakes litigation with an emphasis on cases involving intellectual property, administrative law, life sciences and high-technology industries.

This episode is accredited 0.82 substantive hours in Ontario and 0.82 substantive hours in British Columbia.

Guests:

Jean-Simon Schoenholz
Chris Guerreiro