Both parties made submissions on the basis that the standard of review was governed by the principles outlined in Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 and the cases interpreting it. The Dunsmuir approach, as developed in the subsequent case law, mandated a review of a tribunal’s decision for most cases, including questions of interpretation of the tribunal’s home statute, according to a reasonableness standard.
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