What is the expertise factor in determining a standard of review?
Alberta, Canada
The following excerpt is from Fenske v. Alberta (Minister of Environment), 2002 ABCA 135 (CanLII):
However, although the expertise factor has been described by Iacobucci J. in Canada v. Southam Inc., 1997 CanLII 385 (SCC), [1997] 1 S.C.R. 748 at 773 as: "... the most important of the factors that a court must consider in settling on a standard of review..." it is, nonetheless, only one of four factors that must be assessed and balanced. It does not trump the other three, nor does the absence of reasons weigh against a high degree of deference where the expertise of the decision maker can be ascertained by other means.
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