Law360 Canada ( November 8, 2024, 3:48 PM EST) -- Appeal by Auer from a judgment of the Court of Appeal of Alberta, which upheld a judgment concluding that the Federal Child Support Guidelines (Guidelines) were validly enacted by the Governor in Council (GIC). Auer argued that the Governor in Council exceeded its authority under ss. 26.1(1) and (2) of the Divorce Act (Act) when enacting the Guidelines because they required a payer parent to pay a greater share of the child‑related costs than the recipient parent. He brought an application for judicial review to have the Guidelines declared ultra vires the Act. The chambers judge found that the Act conferred to the GIC an extremely broad grant of authority and that the Guidelines were validly enacted. He further stated that following Canada (Minister of Citizenship and Immigration) v. Vavilov (Vavilov), the presumptive standard of review for assessing the vires of subordinate legislation was reasonableness, but that reasonableness review should be informed by the principles outlined in Katz Group Canada Inc. v. Ontario (Health and Long-Term Care) (Katz Group). The Court of Appeal unanimously dismissed Auer's appeal but were divided on the standard of review applicable to a review of the vires of subordinate legislation....