How much deference should the Court give to the decisions of a specialized administrative tribunal?

Manitoba, Canada


The following excerpt is from Manitoba Association of Health Care Professionals v. Nor-Man Regional Health Authority Inc., 2009 MBQB 213 (CanLII):

Finally, as to the degree of deference where a full statutory right of appeal is provided, Steel J.A. observed at para. 43: 43 Deference is commonly shown to the decisions of specialized administrative tribunals made within their particular area of expertise, even where a full statutory right of appeal is provided under the governing legislation. See Pezim v. British Columbia (Superintendent of Brokers), 1994 CanLII 103 (SCC), [1994] 2 S.C.R. 557 at 589-92. In Pezim, the court stated (at p. 591): Consequently, even where there is no privative clause and where there is a statutory right of appeal, the concept of specialization of duties requires that deference be shown to decisions of specialized tribunals on matters which fall squarely within the tribunal’s expertise. ....

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