What is the test for an unreasonable decision?
Canada (Federal), Canada
The following excerpt is from Tse v. Federal Express Canada Ltd., 2005 FC 599 (CanLII):
An unreasonable decision is one that is not supported by any reasons that can bear a somewhat probing examination. A decision will be unreasonable "only if there is no line of analysis within the given reasons that could reasonably lead the tribunal from the evidence before it to the conclusion at which it arrived". A decision may satisfy this standard of review if supported by a tenable explanation, even if that explanation is not one that a reviewing court finds compelling. See: Law Society of New Brunswick v. Ryan, 2003 SCC 20 (CanLII), [2003] 1 S.C.R. 247 at paragraph 55.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Is an attorney's decision to concede guilt in the sentencing phase of a trial an unreasonable tactical decision? (MultiRegion, United States of America)
Is a Defendant's argument that his sentence was "unreasonably harsh" substantively unreasonable? (MultiRegion, United States of America)
Is a rule of decision made by the Supreme Court that is "substantive" in determining whether a particular state rule or decision is a federal law? (MultiRegion, United States of America)
What are some cases where the trial court's decision is not within the range of permissible decisions? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the difference between a Federal BIA decision and an immigration judge's decision that discretionary relief is unwarranted? (MultiRegion, United States of America)
What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this? (Canada (Federal), Canada)
What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
