DUNSMUIR RESOURCE CENTRE
Dunsmuir v. New Brunswick, 2008 SCC 9
Two of the
most complete appellate court analyses of Dunsmuir
(as of November, 2008):
Mills v. Ontario
(Workplace Safety and Insurance Appeals Tribunal), 2008 ONCA 436
Rodrigues
v. Ontario (Workplace Safety and Insurance Appeals Tribunal), 2008 ONCA
719
Mills was argued before Dunsmuir was
released. When Dunsmuir
was released, the Court of Appeal for Ontario asked for submissions on the
effect of Dunsmuir. The submissions, which canvass many issues on
Dunsmuir on both sides, are
below. They are a useful starting point
for anyone trying to make sense of Dunsmuir:
Submissions attempting to get a higher level of
deference
(in Mills)
Submissions attempting to get a lower level of
deference
(in Mills)
Reply submissions attempting to get a higher
level of deference (in Mills)