The authoritative decision Dunsmuir v. New Brunswick, 2008 SCC 9, addresses the framework germane to the determination of an appropriate standard of review. A two-part process is engaged. First, has jurisprudence already decided the appropriate standard of review to be applied? Second, if there is no judicial precedent, the following factors are to be considered: (i) whether the legislation in question contains a privative clause; (ii) the tribunal’s purpose as evidenced by its enabling legislation; (iii) the nature of the question at issue; and (iv) the expertise of the decision-maker (at paragraphs 62 and 64).
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