Standards of court will apply during a judicial review

Question

What are the standards of court will apply during a judicial review?

Answer 1

A court will apply one of two standards during a judicial review. If it uses a reasonableness standard, the court will defer to the tribunal’s expertise and will overturn only those tribunal decisions that are unreasonable. On the other hand, a correctness standard does not require judicial deference, and the court is free to impose the “correct” judgment. The latter standard is used for general issues of law that are not within the tribunal’s area of special knowledge.