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Statutory Interpretation › Standard of Review

Stikeman Elliott LLP

Standard of Review for Challenges to Regulations: Important Guidance from the Supreme Court of Canada

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The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more

Polsinelli

The Chevron Doctrine: Part II—Congress’s Reaction to the Repeal and the Legislative Process

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On June 28th, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned the Chevron Doctrine. The 6-3 decision was anticipated. But its breadth marks the Court’s opinion as a modern-day Marbury v. Madison....more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

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On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Bennett Jones LLP

Court of Appeal Confirms That a Municipality Cannot Rely on Undisclosed Information at the Assessment

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In a recent decision, Edmonton (City of) v Ten 201 Jasper Avenue Ltd, 2020 ABCA 60, the Alberta Court of Appeal confirmed that a municipality must disclose all relevant information the municipality considered in preparing a...more

Jones Day

Taxpayers' Federation of Illinois Filed Amicus Brief Challenging Review of Tax Tribunal Decisions

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Jones Day filed an amicus brief in the Illinois Supreme Court on behalf of the Taxpayers' Federation of Illinois regarding the standard of review for Illinois Tax Tribunal decisions. On behalf of the Taxpayers' Federation...more

McDermott Will & Emery

An Uneven Playing Field: Judicial Deference to State Tax Administrator Interpretations

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Judicial deference to state tax agencies puts taxpayers at a steep disadvantage and wastes time and resources on costly tax disputes. A united advocacy effort can help promote passage of state-level legislation that takes the...more

Balch & Bingham LLP

Mississippi Supreme Court Rejects Deference to Agency Readings of Statutes

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In an 8-0 decision on Thursday, June 7, the Mississippi Supreme Court announced that it will no longer give any deference to state agencies’ interpretations of their governing statutes. This marks a sharp departure from the...more

Bennett Jones LLP

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

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The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

Haight Brown & Bonesteel LLP

In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

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In Bean v. Pacific Coast Elevator Corporation, 2015 DJDAR 2864 (“Bean”), the California Court of Appeal, Fourth Appellate District, held in the published portion of its opinion that courts may not award prejudgment interest...more

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