Does the standard of correctness apply to a decision of an administrative tribunal on an issue of interpretation of its enabling legislation?
British Columbia, Canada
The following excerpt is from British Columbia Ferry and Marine Workers' Union v Workers Compensation Board, 2008 BCSC 1184 (CanLII):
As I read Dunsmuir, the standard of correctness will not be applied to the decision of an administrative tribunal on an issue of interpretation of its enabling legislation, unless the issue goes to the scope of the tribunal’s jurisdiction, to procedural fairness, to constitutional questions, or to questions of general law. In these cases, the standard of correctness will be applied to the decision. See Dunsmuir v. New Brunswick at paras 36, 58, 59, 60, 90 and 129.
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