What is the legal test for reasonableness in a motion to appeal against a decision by an adjudicator?
British Columbia, Canada
The following excerpt is from Guglielmini v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 1879 (CanLII):
Both the route to the adjudicator’s decision as well as the result are subject to review on the reasonableness standard. In Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 554 our Court of Appeal observed at para. 31:
In general terms, it is correct to state that an adjudicator's decision will be regarded as reasonable if there is some evidence upon which the adjudicator's finding could reasonably be made. However, that will not be the case when the adjudicator's reasoning process is manifestly flawed. This point was recently made in Whyte v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 454, where Mr. Justice Harris said the following:
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