Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness 

publication 

February 2017

Jon Wypych and Adam D.H. Chisholm | Ontario Bar Association

This is one of two companion pieces on the Supreme Court of Canada’s decision in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd. This article reviews the Supreme Court’s reasoning concerning the effect of a statutory right of appeal on the determination of the appropriate standard of review. The Supreme Court considered whether the existence of a statutory right of appeal leads to a standard of correctness. The Supreme Court contrasted the standard of review in the Edmonton (City) case with its previous jurisprudence, including Tervita Corp. v. Canada to arrive at a majority view on the impact of a statutory right of appeal.

To read the article, visit the Ontario Bar Association’s site: Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness