What is the standard of review under the Privative Clause?
Yukon, Canada
The following excerpt is from Workers' Compensation Act (Re) and O'Donnell, 2004 YKSC 51 (CanLII):
The four factors to be considered in determining the appropriate standard of review are set out in Pushpanathan v. Canada, 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982: 1. the presence or absence of a privative clause; 2. the expertise of the tribunal; 3. the purpose of the governing legislation as a whole and the provisions creating the tribunal and its role; and 4. the nature of the problem, whether it’s a question of fact, mixed fact and law, or law. 1. Privative Clause
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