Does the correctness standard apply when it comes to a question of law?

Manitoba, Canada


The following excerpt is from Pflug v. Winnipeg (City of), 2017 MBQB 86 (CanLII):

The applicants argued that because this matter involves a question of law, the correctness standard must apply. The case law does not support that position. As noted in Edmonton (City) at paras. 23-24, and Dunsmuir v. New Brunswick, 2008 SCC 9 at paras. 55-62, [2008] 1 S.C.R. 190, reasonableness does not give way to correctness until the legal question is of central importance to the legal system and beyond the expertise of the administrative decision maker, involves the division of powers under the constitution, relates to the jurisdiction of the administrative body, or relates to jurisdictional lines between two or more competing tribunals. The legal question in this case is not of this nature.

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