Can patent unreasonableness be considered in the context of a section of legislation?
British Columbia, Canada
The following excerpt is from Air Canada v Workers’ Compensation Appeal Tribunal, 2017 BCSC 1609 (CanLII):
In Westergaard v. Registrar of Mortgage Brokers, 2011 BCCA 344 at paras. 46–54, Chief Justice Finch, as he then was, held that a failure to consider the wider context of a provision of a statute within the legislation as a whole, the scheme and object of the legislation and/or the intention of the legislature can constitute patent unreasonableness.
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