What is the standard of review of a similar application?

British Columbia, Canada


The following excerpt is from Spina v. British Columbia (Superintendent of Motor Vehicles), 2011 BCSC 1717 (CanLII):

In Streeter v. British Columbia (Superintendent of Motor Vehicles), 2009 BCSC 1410, at para. 10, Savage J. outlined the relevant principles for determining the standard of review on a similar application: Briefly, the correctness standard is to be applied in circumstances where the reviewing court should not defer to the decision-maker’s decision, including circumstances where the decision turns on questions of jurisdiction and general law outside the decision-maker’s specialized area of expertise. The reasonableness standard is to be used in all other circumstances, where the court must give deference to the decision-maker’s decision, especially where the question is one of fact, discretion or policy, or where legal and factual issues cannot readily be separated.

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