What is the legal test for determining whether there is a health hazard under the Health and Safety Act?

While the LBH did not apply the correct legal test, that does not end the enquiry. The correct interpretation of the Act is a starting point for the LBH’s consideration of whether it had reason to believe a health hazard existed. However, it is only one element of that analysis. As noted by Mr. Justice Iacobucci in Law Society of New Brunswick v. Ryan, 2003 SCC 20, [2003] 1 S.C.R. 247, it is not necessary that every element of the reasoning must independently stand up to review. Rather, the question is whether the reasons as a whole provide tenable support for the decision. Mr. Justice Iacobucci emphasized at para. 56 that “a reviewing court should not seize on one or more mistakes or elements of the decision which do not affect the decision as a whole.”