What is the test on "undue hardship" before a judicial review?
British Columbia, Canada
The following excerpt is from Mattrick v. Kingsley Lo Architect Inc., 1997 CanLII 799 (BC SC):
Mr. Justice Sigurdson in Heading v. Delta (1994), 22 M.P.L.R. (2d) 256 (B.C.S.C.) also found that the question of whether "undue hardship" was found by a board of variance was a question within the jurisdiction of the board rather than going to the jurisdiction of the board. Accordingly, the patently unreasonable test applied on judicial review.
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