What is the reasonableness standard for an administrative tribunal to consider a claim for unfair dismissal?

British Columbia, Canada


The following excerpt is from Viterra Inc. v. Grain Workers’ Union, Local 333, 2018 BCCA 455 (CanLII):

Guidance with regard to the questions that will be reviewed on a reasonableness standard can be found in the existing case law. Deference will usually result where a tribunal is interpreting its own statute or statutes closely connected to its function, with which it will have particular familiarity … Deference may also be warranted where an administrative tribunal has developed particular expertise in the application of a general common law or civil law rule in relation to a specific statutory context … Adjudication in labour law remains a good example of the relevance of this approach. The case law has moved away considerably from the strict position evidenced in McLeod v. Egan, … where it was held that an administrative decision maker will always risk having its interpretation of an external statute set aside upon judicial review. [Citations omitted.]

Other Questions


What factors will be considered in determining a claim for unfair dismissal? (British Columbia, Canada)
What factors are considered by the courts in determining whether a plaintiff has been awarded a claim for unfair dismissal? (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 standards of correctness and reasonableness apply to review of the decisions of administrative tribunals? (British Columbia, Canada)
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed? (British Columbia, Canada)
Is patent unreasonableness the standard of review for findings of fact or law or exercise of discretion under the Administrative Tribunals Act? (British Columbia, Canada)
What is the range of reasonableness for using the term “reasonable” in a claim? (British Columbia, Canada)
What is the standard for a medical trust committee to consider a patient’s wishes when considering a transfer of funds? (British Columbia, Canada)
What is the standard of reasonableness for a claim for special damages? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.