What is the test for determining whether a decision maker has applied the right test?
Canada (Federal), Canada
The following excerpt is from McDonald v. Canada (Human Resources and Skills Development), 2009 FC 1074 (CanLII):
The first part of the analysis, a determination as to whether the decision maker has applied the right test, is a matter of characterization and is to be reviewed on a correctness standard. The second, at least as an appreciation of the facts is concerned, is reviewed on a reasonableness standard (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190).
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