What is the test for determining whether a decision is patently unreasonable?

British Columbia, Canada


The following excerpt is from Potherat v Slobodian, 2021 BCSC 1536 (CanLII):

In determining whether a decision is patently unreasonable, the court is required to examine both the reasons and the outcome. In Sherstobitoff v. British Columbia (Workers’ Compensation Appeal Tribunal), 2019 BCSC 1659 at para. 52 the court stated reasons “are to be read as an organic whole, not parsed or dissected in search of error”.

Other Questions


What is the test for determining whether a decision maker has made a patently unreasonable claim? (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)
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)
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)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (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)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for determining whether a decision made by an adjudicator is reasonable? (British Columbia, Canada)
What is a patently unreasonable decision? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.