Comments on: Giving deference to the adequacy of reasons http://ablawg.ca/2011/12/28/giving-deference-to-the-adequacy-of-reasons/ Tue, 22 May 2012 10:10:14 +0000 http://wordpress.org/?v=2.3.3 By: Chad Conrad http://ablawg.ca/2011/12/28/giving-deference-to-the-adequacy-of-reasons/#comment-208435 Chad Conrad Mon, 16 Jan 2012 19:14:08 +0000 http://ablawg.ca/2011/12/28/giving-deference-to-the-adequacy-of-reasons/#comment-208435 Your concluding paragraph shows, in my view, why adequacy of reasons does not belong with substantive judicial review. Consider a completely inadequate reason for an ADM's decision, something objectively inadequate on its face, maybe in the nature of "because we say so", or maybe one that fails to address what was at issue. I submit that to provide such a reason is not to provide a reason at all, and is thus a failure to provide procedural fairness. In other words, if a failure to provide reasons contravenes PF, so must inadequate reasons contravene PF. In my view, there were either adequate reasons (ones that provided a logical route to the decision, etc.), or there were not. This should be evaluated on a standard of correctness with no deference owed to the AGM. This comment is my own view and does not necessarily reflect the views of my employer. Your concluding paragraph shows, in my view, why adequacy of reasons does not belong with substantive judicial review. Consider a completely inadequate reason for an ADM’s decision, something objectively inadequate on its face, maybe in the nature of “because we say so”, or maybe one that fails to address what was at issue. I submit that to provide such a reason is not to provide a reason at all, and is thus a failure to provide procedural fairness. In other words, if a failure to provide reasons contravenes PF, so must inadequate reasons contravene PF. In my view, there were either adequate reasons (ones that provided a logical route to the decision, etc.), or there were not. This should be evaluated on a standard of correctness with no deference owed to the AGM.

This comment is my own view and does not necessarily reflect the views of my employer.

]]> By: walt paterson http://ablawg.ca/2011/12/28/giving-deference-to-the-adequacy-of-reasons/#comment-206176 walt paterson Tue, 03 Jan 2012 18:05:06 +0000 http://ablawg.ca/2011/12/28/giving-deference-to-the-adequacy-of-reasons/#comment-206176 Appreciate your excellent analysis. Happy New Year. Appreciate your excellent analysis. Happy New Year.

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