What factors must be considered under the pragmatic and functional approach in a medical malpractice case?

British Columbia, Canada


The following excerpt is from Western Forest Products Inc. v. Sunshine Coast Regional District, 2007 BCSC 1508 (CanLII):

The four factors to be considered under the pragmatic and functional approach are: (1) the presence or absence of a privative clause or statutory right of appeal; (2) the expertise of the tribunal relative to that of the reviewing court on the issue in question; (3) the purposes of the statute in question and the provisions at issue; and (4) the nature of the question: Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19, [2003] 1 S.C.R. 226 at para. 26. Here, these factors must be considered separately for issue B and issue C.

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