What is the meaning and effect of the phrase "patent unreasonableness" under section 58(3) of the ATA?
British Columbia, Canada
The following excerpt is from WCAT-2009-00101 (Re), 2009 CanLII 7633 (BC WCAT):
In British Columbia Securities Commission v. Burke, 2008 BCSC 1244, September 16, 2008, the court concluded that the effect of Dunsmuir, which collapses the common law patent unreasonableness and reasonableness standards of review into one standard of reasonableness, was to similarly change the meaning and effect of the phrase “patent unreasonableness” as it is used in relation to findings of fact and law in paragraph 58(2)(a) of the ATA, but not as it is used and defined in relation to the exercise of discretion in section 58(3) of the ATA.
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