What is the test for "patently unreasonable" review?
British Columbia, Canada
The following excerpt is from Nancy Greene's Cahilty Lodge Ltd. v. Canning, 1996 CanLII 3491 (BC SC):
49. In C.A.I.M.A.W., La Forest J. said the following about the "patently unreasonable" test at p. 20 (B.C.L.R.): The test for review is a "severe test": see Blanchard v. Control Data Can. Ltd., 1984 CanLII 27 (SCC), [1984] 2 S.C.R. 476 at 493 [cites omitted]. This restricted scope of review requires the courts to adopt a posture of deference to the decisions of the tribunal. Curial deference is more than just a fiction courts resort to when they are in agreement with the decisions of the tribunal. Mere disagreement with the result arrived at by the tribunal does not make that result "patently unreasonable". The courts must be careful to focus their inquiry on the existence of a rational basis for the decision of the tribunal, and not on their agreement with it. The emphasis should not be so much on what result the tribunal has arrived at, but on how the tribunal arrived at that result.
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