What is the test for determining whether a decision maker has made a patently unreasonable claim?

British Columbia, Canada


The following excerpt is from Martens v. B.C.(Superintendent of Motor Vehicles), 2005 BCSC 344 (CanLII):

The patently unreasonable test is a very strict test which accords the highest degree of deference to the decision of the tribunal. The court can only intervene where there is no evidence whatsoever to support the findings made by the decision maker (Hale v. British Columbia (Superintendent of Motor Vehicles), 2004 BCSC 1358 at para. 20). Therefore, this court must consider whether there was evidence to support the findings made by the Superintendent.

Other Questions


What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a decision is patently unreasonable? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
What is the difference between an unreasonable decision and a patently unreasonable decision? (British Columbia, Canada)
What is the test for determining whether a claim in a personal injury action against a former partner is a common law claim? (British Columbia, Canada)
Does the Court of Appeal in Dunsmuir hold that a patent unreasonableness standard set forth in s. 59(3) and (4) of the Anti-Patent Unreasonableness Act? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s claim for damages in a motor vehicle accident is recoverable on appeal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.