What is the standard of review of an administrative decision?

British Columbia, Canada


The following excerpt is from Health Employers Assn. of British Columbia v. British Columbia Nurses' Union, 1997 CanLII 1564 (BC SC):

In Pezim v. British Columbia (Superintendent of Brokers), 1994 CanLII 103 (SCC), [1994] 2 S.C.R. 557, Iacobucci J. stated at pp. 589-590: B. Principles of Judicial Review From the outset, it is important to set forth certain principles of judicial review. There exist various standards of review with respect to the myriad of administrative agencies that exist in our country. The central question in ascertaining the standard of review is to determine the legislative intent in conferring jurisdiction on the administrative tribunal. In answering this question, the courts have looked at various factors. Included in the analysis is an examination of the tribunal's role or function. Also crucial is whether or not the agency's decisions are protected by a privative clause. Finally, of fundamental importance, is whether or not the question goes to the jurisdiction of the tribunal involved.

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