Does an arrangement between two private companies constitute a matter of fact?
Alberta, Canada
The following excerpt is from Brown v. Alberta Dental Assn., 2002 ABCA 24 (CanLII):
Determining whether the arrangement falls within the control portion of s. 13 is a question of fact. This suggests a low level of scrutiny: Pushpanathan, supra, at 1010; Canada v. Southam Inc., 1997 CanLII 385 (SCC), [1997] 1 S.C.R. 748, at para. 45.
The decision to consent or not is an exercise of discretion, which generally is subject to a low level of scrutiny: Baker v. Canada, supra, at para. 56. In this case, the exercise of discretion involves a relatively narrow component of statutory interpretation and a larger component of balancing various interests and policy considerations. This suggests a lower level of scrutiny. (e) Conclusion:
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