What is the patent unreasonableness standard?

Canada (Federal), Canada

The following excerpt is from M. C. v Minister of Employment and Social Development, 2015 SSTAD 712 (CanLII):

Traditionally, patent unreasonableness was seen as a defect that was so flawed that no amount of curial deference could justify letting it stand. This was referred to in Dunsmuir. . . . Iacobucci J., writing for the Court in Law Society of New Brunswick v. Ryan, [2003] 1 S.C.R. 247, 2003 SCC 20, attempted to bring some clarity to the issue. He explained the different operations of the two deferential standards as follows, at paras. 52-53: [A] patently unreasonable defect, once identified, can be explained simply and easily, leaving no real possibility of doubting that the decision is defective. A patently unreasonable decision has been described as “clearly irrational” or “evidently not in accordance with reason” … A decision that is patently unreasonable is so flawed that no amount of curial deference can justify letting it stand.

Other Questions


Does patent ‘452 form part of either U.S. patent or Canadian patent? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
Is patent unreasonableness the appropriate standard in reviewing evidence at a review of a severe and prolonged disability analysis? (Canada (Federal), Canada)
What is the appropriate standard of review for patent unreasonableness? (Canada (Federal), Canada)
What is the standard of patent unreasonableness? (Canada (Federal), Canada)
What is the standard for patent unreasonableness? (Canada (Federal), Canada)
What is the test for "unreasonableness" review under the abuse-of-discretion standard? (MultiRegion, United States of America)
Is a Defendant's argument that his sentence was "unreasonably harsh" substantively unreasonable? (MultiRegion, United States of America)
What is the test for an application to have a patent that is not a "patent for sale" listed? (Canada (Federal), Canada)
What is the standard of "substantive reasonableness" used by the Court of Appeal to determine whether a factor relied on by the sentencing court was unreasonable? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.