What is the test for having an expert in the interpretation of the law at a tribunal?
Prince Edward Island, Canada
The following excerpt is from Workers' Compensation Board (PEI) v. J&B Admin. Services, 2014 PECA 2 (CanLII):
The caselaw, including Dunsmuir, Nor-Man, Rogers Communication, and Charlottetown v. IRAC, impart that even if a tribunal lacks personal expertise in matters of law, it is presumed to hold relative expertise in the interpretation of the legislation that gives it its mandate. This becomes a matter of concern for the legislative and executive branches of government to address.
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