What is the review standard of simple rationality?

New Brunswick, Canada


The following excerpt is from Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice), 2003 NBCA 54 (CanLII):

Despite my disagreement with the majority opinion rendered in Bodner v. Alberta, I cannot help but note that each of the government’s reasons for rejecting the commission’s salary recommendation in that case was evaluated on the review standard of simple rationality. Though the minority and majority opinions disagreed on whether the remuneration commission overlooked certain factual assumptions and how those errors should be rectified, their respective reasons reflect a consensus on many points. As is so often the case, we spend more time on identifying the proper review standard than we do in applying it to the case at hand. iii) The Meaning of Simple Rationality

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