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.

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