When will a court order a contextual analysis in the context of a claim?
Prince Edward Island, Canada
The following excerpt is from Charlottetown (City) v. Island Reg. & Appeals Com., 2013 PECA 10 (CanLII):
Dunsmuir v. New Brunswick, 2008 SCC 9 (“Dunsmuir”) (at paras.62-64) provides direction for carrying out a standard of review analysis. Where a court ascertains that the jurisprudence has already determined in a satisfactory manner the degree of deference to be accorded with regard to a particular category of question, it is unnecessary to proceed to a contextual analysis.
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