What is common ground that a decision should be set aside if it is unreasonable?
British Columbia, Canada
The following excerpt is from Nardone v British Columbia (Superintendent of Motor Vehicles), 2020 BCSC 1519 (CanLII):
It is common ground that the decision should be set aside if it is unreasonable and that the authority on this ground of review is Canada v. Vavilov, 2019 SCC 65. Vavilov directs the reviewing court to pay close attention to the reasons given for the decision under review. It identifies two types of fundamental flaw, making a decision unreasonable. The first is where the reasoning is internally incoherent, at paragraphs 102 to 104. The second is where the decision is unjustified in light of the legal and factual constraints that bear on the decision, at paragraphs 105 to 107.
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