What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code?
Canada (Federal), Canada
The following excerpt is from Ackman v. Canada (Ministry of Labour), 1998 CanLII 7347 (FC):
With respect to the privative clause, in Air Canada v. Norman J. Davis1, Muldoon, J. discussed the standard of review applicable to judicial review of the decision of an adjudicator appointed pursuant to the Canada Labour Code. He concluded that the standard of review with respect to errors within jurisdiction is that of patent unreasonableness whereas with respect to the question of jurisdiction, the standard is one of correctness.
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