The Supreme Court’s recent decision in Khosa represents its first significant guidance with regard to the implementation of the standard of review analysis post-Dunsmuir (Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9). This decision provides some insight into how the standard of review analysis should be conducted after elimination of the most deferential patent unreasonable standard.
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