In what circumstances will a court review a finding made by an administrative tribunal?
British Columbia, Canada
The following excerpt is from SELI Canada Inc. v. Construction and Specialized Workers’ Union, Local 1611, 2010 BCSC 243 (CanLII):
In Toronto (City) Board of Education v. O.S.S.T.F., District 15, 1997 CanLII 378 (SCC), [1997] 1 S.C.R. 487 Cory J. noted at paras. 47-48: 47 In order to decide whether a decision of an administrative tribunal is patently unreasonable, a court may examine the record to determine the basis for the challenged findings of fact or law made by the tribunal. As Gonthier J., writing for the majority in National Corn Growers Assn. v. Canada (Import Tribunal), 1990 CanLII 49 (SCC), [1990] 2 S.C.R. 1324, at p. 1370, observed "[i]n some cases, the unreasonableness of a decision may be apparent without detailed examination of the record. In others, it may be no less unreasonable but this can only be understood upon an in-depth analysis." In Lester, supra, this Court conducted a review of the record to determine if there was any evidence which could reasonably support a particular factual finding made by a labour relations board. 48 Therefore, in those circumstances where the arbitral findings in issue are based upon inferences made from the evidence, it is necessary for a reviewing court to examine the evidence that formed the basis for the inference…
The common law rule with regard to admission of evidence on judicial reviews has recently been re-examined in Hartwig v. Saskatoon (City) Police Assn., 2007 SKCA 74, 284 D.LR. (4th) 268.
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