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


The following excerpt is from Lawrence v. Alberta (Workers’ Compensation Appeals Commission), 2002 ABQB 834 (CanLII):

The pragmatic and functional approach is used to determine the appropriate degree of deference applicable to an administrative tribunal on an application for judicial review: Pushpanathan v. Canada (Minister of Employment and Immigration), 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982. The focus of the inquiry is on the particular provision at issue, the central analysis being whether the question raised is one that was intended by the legislators to be left to the exclusive determination of the administrative tribunal. The four factors are: (a) the presence or absence of a privative clause; (b) the relative expertise of the tribunal compared to that of the courts in deciding such a matter; (c) the purpose of the statute and the provision in particular; and (d) the nature of the problem.

Other Questions


What is the expertise of a tribunal in a matter of appeal or judicial review? (Alberta, Canada)
What is the standard of review on factual findings of an administrative tribunal? (Alberta, Canada)
What is the legal test for whether a plaintiff can bring an application for judicial review of their claim? (Alberta, Canada)
What is the standard of review applicable to administrative action? (Alberta, Canada)
What is the standard of review of a decision by an administrative tribunal? (Alberta, Canada)
What is the standard of review applied by the reviewing judge in an administrative law case? (Alberta, Canada)
What is the standard of review of a decision of the administrative tribunal? (Alberta, Canada)
What is the test for a statutory appeal of a judicial review decision? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the "functional" approach to assessing damages in a sexual assault case? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.