What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible?
Nova Scotia, Canada
The following excerpt is from Maritime Paper Products Ltd. v. Communications, Energy, and Paperworkers’ Union, Local 1520, 2008 NSSC 329 (CanLII):
I adopt the analysis in Casino Nova Scotia v. Nova Scotia (Labour Standards Board, 2008 NSSC 251, where, at ¶ 14 Murphy J. states that the review court must consider: “(1) the tribunal’s process in articulating its reasons and the route to the outcomes of those reasons; (2) whether the tribunal’s decision is justified, transparent and intelligible; (3) whether the tribunal’s decision falls within an acceptable range of outcomes that are defensible in respect of the facts and the law; (4) whether the tribunal’s reasons support the decision.”
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