Federal Court of Appeal says no more judicial ‘hyper-deference’ to regulations under attack

By Cristin Schmitz ( August 31, 2021, 3:00 PM EDT) -- In a boost for those attacking the vires of regulations, the Federal Court of Appeal says a “hyper-deferential” presumption that regulations are valid (except in very narrow circumstances) should not be followed  in the wake of the Supreme Court of Canada’s Vavilov ruling two years ago that the concept of “jurisdiction” now plays a very limited role in judicial review....