Friday, June 24, 2016

Supreme Court holds tribunal finding is entitled to deference

British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25:

The standard of review applicable to a tribunal's original decision requires curial deference, absent a finding of fact or law that is patently unreasonable. Because a court must defer where there is evidence capable of supporting a finding of fact, patent unreasonableness is not established where the reviewing court considers the evidence merely to be insufficient.

Of the Law Societies of Upper Canada and Nunavut 

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