What is the standard of review applied by the reviewing judge in an administrative law case?

But the majority decision adds at para. 2(b) that an appellate court must apply a standard of correctness in assessing whether the (correct) standard has been properly applied. The rationale for this position is found at paras. 25-26 of the majority judgment. Berger J.A. observes that the reviewing judge’s characterization and disposition of issues as to the jurisdiction of the tribunal, and as to its procedural fairness, are questions of law reviewable on appeal on a standard of correctness. Likewise, he says at para. 26, the application “by the reviewing judge of the appropriate standard of review to the substance of the tribunal’s decision is also a question of law subject to appellate review on a standard of correctness.” He adds that Housen v. Nikolaisen does not determine the issue of deference to the reviewing judge in administrative law cases.