What is the expertise of a tribunal in a matter of appeal or judicial review?

Alberta, Canada


The following excerpt is from Calgary (City) v. Alberta (Municipal Government Board), 2010 ABQB 719 (CanLII):

The expertise of a tribunal is determined relative to the expertise of the court. Determining expertise requires the court to identify the nature of the issue before the tribunal, characterize the expertise of the tribunal relative to the nature of the issue, consider the court’s own expertise relative to the nature of the issue, and determine whether the tribunal has relatively more expertise than the court with respect to the issue. The reviewing court determines the expertise of the tribunal by considering both the general expertise of the tribunal as well as its expertise regarding the issue under appeal or judicial review. Greater deference is indicated if the tribunal is more expert than the court and the issue under appeal or judicial review falls within the tribunal’s greater expertise: Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19, [2003] 1 S.C.R. 226.

Other Questions


What is the test for appeal leave to appeal the decision of a development appeal board? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the "pragmatic and functional approach" used to determine the deference applicable to an administrative tribunal on an application for judicial review? (Alberta, Canada)
What is the test for a statutory appeal of a judicial review decision? (Alberta, Canada)
What is the standard of review in an appeal of a civil matter? (Alberta, Canada)
What is the standard of review for findings of credibility in a civil matter? (Alberta, Canada)
What is the standard of review of inferences in a summary conviction appeal? (Alberta, Canada)
What is the standard of review of a decision of the administrative tribunal? (Alberta, Canada)
What is the standard of review of a decision by an administrative tribunal? (Alberta, Canada)
What is the standard of review for a statutory appeal? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.