Words and Phrases - "appeal"

82
44
75
50
37
31
17
13
71
2
2
30
51
25
38
79
2
74
85
44
14
8
20
2
1

Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

presumption of consistent expression

In connection with finding that an appellate standard of review (e.g., of correctness where there is a question of law) should be applied to judicial review of an administrative decision from which there is a statutory right of appeal, the Court stated (at para. 44):

[T]here is no convincing reason to presume that legislatures mean something entirely different when they use the word “appeal” in an administrative law statute than they do in, for example, a criminal or commercial law context. Accepting that the word “appeal” refers to the same type of procedure in all these contexts also accords with the presumption of consistent expression, according to which the legislature is presumed to use language such that the same words have the same meaning both within a statute and across statutes … .

Words and Phrases
appeal
Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.1 - Subsection 18.1(2) correctness appellate standard for questions of law not generally applicable to s. 18.1 reviews 984
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.1) correctness standard applied to questions of law of central importance, reasonableness standard applicable to most reviews 542
Tax Topics - General Concepts - Stare Decisis prior decisions can be departed from where this will reduce uncertainty 254
Tax Topics - Statutory Interpretation - Ordinary Meaning administrative decisions must have regard to the provision’s text, context and purpose 222