What is the test for a judicial review?

British Columbia, Canada


The following excerpt is from Mapara v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 316 (CanLII):

On a judicial review the judge must defer to the adjudicator’s decision unless it is determined to be unreasonable. The reviewing court approaches its task by determining if the decision “falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law”. To be upheld the decision must be justifiable, transparent and intelligible. See Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 53 to 56.

In Kenyon v. British Columbia (Superintendent of Motor Vehicles), 2015 BCCA 485 Tysoe J.A. with whom the other judges agreed, considered how the reasonableness standard of review was to be applied in matters such as that before me. The Superintendent had submitted that reviewing judges erred by failing to defer to the impugned decision but instead applied a standard of “perfection” by conducting “a-line-by-line-dissection of the decision”. At para. 52 of his reasons Tysoe J.A. quoted a passage from Ranji v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2343 as follows:

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