What is the law on the doctrine of "deference"?
Prince Edward Island, Canada
The following excerpt is from Ramsay v. PEIHRC and City of Charlottetown, 2014 PESC 27 (CanLII):
The law as set out in the case of Dunsmuir v. New Brunswick, 2008 SCC 9, may be summarized as follows: • Deference will usually result where a tribunal is interpreting its own statute or statutes closely connected to its function, with which it will have particular familiarity... (para. 54) • Deference may also be warranted where an administrative tribunal has developed particular expertise in the application of a general common law or civil law rule in relation to a specific statutory context. (para. 54)
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