What is the burden of proving an administrative body’s interpretation of its home statute was unreasonable?
British Columbia, Canada
The following excerpt is from All Trans Financial Services Credit Union Limited v. Financial Institutions Commission, 2018 BCCA 270 (CanLII):
A party seeking judicial review of an administrative body’s interpretation of its home statute has the burden of demonstrating the decision-maker’s interpretation was unreasonable: McLean at para. 41; Wilson v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47 at para. 20. The same applies when reviewing such an interpretation on a statutory appeal: Edmonton East at para. 29.
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