What is the test for making a decision that is patently unreasonable?

British Columbia, Canada


The following excerpt is from Jestadt v. Performing Arts Lodge Vancouver, 2012 BCSC 1337 (CanLII):

A decision will also be patently unreasonable where it is not merely unsupported by reasons that are capable of withstanding a probing examination, but also where it is openly, evidently and clearly unreasonable or irrational: Gichuru v. Palmar Properties Inc., 2011 BCSC 827, para. 34.

Other Questions


What is the difference between an unreasonable decision and a patently unreasonable decision? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
Does the Court of Appeal in Dunsmuir hold that a patent unreasonableness standard set forth in s. 59(3) and (4) of the Anti-Patent Unreasonableness Act? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the current state of the law in the context of the BC Supreme Court of Canada's decision making decisions on same sex discrimination? (British Columbia, Canada)
What is a patently unreasonable decision? (British Columbia, Canada)
Does a decision of a master have authority to make decisions of the master? (British Columbia, Canada)
What is a decision that is patently unreasonable? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
Can a delegate make a decision that is unreasonable? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.