 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.