What is the legal test for patent unreasonableness?
British Columbia, Canada
The following excerpt is from Stark v. Board of School Trustees of School District No. 39 (Vancouver) et al, 2005 BCSC 931 (CanLII):
It is well established that a reviewing court must employ a pragmatic and functional approach in determining which of the three standards of review to apply to an administrative body’s decision; patent unreasonableness, unreasonableness simpliciter or correctness. The central focus of the approach is to determine whether the question before the tribunal was one which the legislature intended be exclusively determined by the tribunal as opposed to the courts: Dr. Q v. College of Physicians and Surgeons of British Columbia, [2003] 1 S.C.R. 226, 2003 SCC 19 [Dr. Q.].
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