What is the test for a statutory appeal of a judicial review decision?

I will apply the principles set out by Bastarache J. in Pushpanathan v. Canada, [1998] S.C.R. 982 and 1998 CanLII 787 (SCC), [1998] 1 S.C.R. 1222, which related to a statutory appeal of a judicial review decision. It would appear that the same principles should be considered in this case. He indicated that four factors should be considered: the presence or absence of a privative clause; the expertise of the tribunal; the purpose of the statute as a whole and of the provision in question in particular; and the nature of the problem - is it a question of law or of fact.