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| David Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick ： ウィキペディア英語版 |
Dunsmuir v New Brunswick
is the leading Supreme Court of Canada decision on the topic of substantive review and standards of review. The decision is notable for combining the reasonableness (simpliciter) and patent unreasonableness standards of review into a single ''reasonableness'' standard.
==Facts==
David Dunsmuir was hired by the Department of Justice of the Province of New Brunswick as of February 25, 2002. His work was unsatisfactory to his employer and he received multiple written notices to this effect. Ultimately, his employer decided to terminate his employment as of December 31, 2004. On August 19, 2004, Dunsmuir was informed in a letter that his employment was being terminated. As his employment was not being terminated 'for cause', Dunsmuir was granted several months of paid leave with which to find a new job.
Dunsmuir grieved his dismissal in a letter sent to the Deputy Minister on September 1, 2004. When his grievance was denied, he gave notice that he would refer the grievance to adjudication. An adjudicator was selected by the agreement of both parties. The adjudicator held that Dunsmuir had been denied procedural fairness in the manner of his dismissal and that the dismissal was thus void ''ab initio''; the adjudicator ordered Dunsmuir to be reinstated as of August 19, 2004. On judicial review to the Court of Queen's Bench, the decision was overturned.〔''Dunsmuir v. New Brunswick'', 2008 SCC 9, () 1 S.C.R. 190, para. 70.〕 That decision eventually reached the Supreme Court of Canada.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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