What is the current state of the law on deferential deference given to findings of law and fact made by the EST?

British Columbia, Canada


The following excerpt is from British Columbia Securities Commission v. Burke, 2008 BCSC 1244 (CanLII):

The Tribunal submits that the clear intent of the legislature was to apply the most deferential, existing common law standard to findings of law and fact made by “expert” tribunals, such as the EST. That is the standard articulated in Karbalaeiali v. British Columbia (Deputy Solicitor General), 2007 BCCA 553, 250 B.C.A.C. 33 (“Karbalaeiali”) at para. 13: An administrative decision can be said to be patently unreasonable if it does not accord with reason or is so flawed that no amount of curial deference can justify letting it stand.

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