Justice Iacobucci, writing for a unanimous Court, held that the appeal should be allowed but the remedy should stay.

Iacobucci J. considered four factors to determine the standard of review from Pezim v. British Columbia (Superintendent of Brokers).

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.

With this analysis in mind, Iacobucci devised a standard of review in between "correctness" and "patent unreasonableness".