Does deference need to be shown to decisions of a specialized administrative tribunal?

Manitoba, Canada


The following excerpt is from Guinn v. Her Majesty The Queen in Right of the Province of Manitoba, 2008 MBQB 208 (CanLII):

Manitoba argues that deference is commonly shown to 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. Among others, he cites the case of Pezim v. British Columbia (Superintendent of Brokers), 1994 CanLII 103 (SCC), [1994] 2 S.C.R. 557, where, at p. 591, the court stated: Consequently, even where there is no privative clause and where there is a statutory right of appeal, the concept of the 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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