What is the test for patent unreasonableness in labour relations review?
British Columbia, Canada
The following excerpt is from International Longshore and Warehouse Union Ship and Dock Foremen, Local 514 v. Fraser Surrey Docks Limited, 2007 BCSC 1532 (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, Mr. Justice Cory, considered the significance of the patent unreasonableness standard of review in labour relations context under the heading “Very High Degree of Deference Owed to Labour Arbitration Boards”. At paragraph 37 he stated: …decisions of labour relations tribunals acting within their jurisdiction can only be set aside if they are patently unreasonable. That is very properly an extremely high standard, and there must not be any retreat from this position. Anything else would give rise to the endless protraction of labour disputes resulting in unrest and discontent.
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