What is the standard of review for the challenged decisions?
Northwest Territories, Canada
The following excerpt is from Valic v WCB, 2005 NWTSC 105 (CanLII):
In determining the standard of review for the challenged decisions, a pragmatic and functional analysis must be undertaken, having regard to four factors: the presence or absence of a privative clause or statutory right of appeal, the expertise of the tribunal relative to that of the reviewing court, the purpose of the legislation and the nature of the question, whether law, fact or mixed law and fact: Pushpanathan v. Canada, 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982.
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