What is the standard of review in a medical malpractice case?

Alberta, Canada


The following excerpt is from Kitt v. Voco Developments Inc., 2005 ABQB 743 (CanLII):

In order to determine the appropriate standard of review, the court must use the functional and pragmatic approach, which requires it to consider the following 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 on the issue in question; the purposes of the legislation and the provision in particular; and the nature of the question: Dr. Q v. College of Physicians and Surgeons of British Columbia, [2003] 1 S.C.R. 226, 2003 SCC 19.

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