Iacobucci J. considered four factors to determine the standard of review from "Pezim v. British Columbia (Superintendent of Brokers)". There was a statutory right of appeal but no privative clause, so the first factor indicated less deference; however, the absence of a privative clause was not determinative. In his view, the issue was one of mixed fact and law that was based on the balancing of interests, so the courts should be reluctant to re-examine the evidence. Iacobucci considered the purpose of the "Act", which he stated was to encourage and promote competition and equality among companies. In his view this purpose was more economic policy than law and so suggests greater deference. Finally, he considered the expertise of the Tribunal, which he considered to be the most important factor. He found the Tribunal had expertise in matters of economics and commerce which were critical in assessing the question before the Tribunal and this required the courts to defer to their skill and judgment.