What is the applicable standard of review for patent unreasonableness?
British Columbia, Canada
The following excerpt is from WCAT-2013-00893 (Re), 2013 CanLII 36008 (BC WCAT):
I find that the privative clause, the expertise of the tribunal, the purposes of the Act, and the nature of the question before the panel support the conclusion that the applicable standard of review is one of patent unreasonableness. I do not consider the issue is one of pure jurisdiction to which the standard of correctness would apply, especially in light of the comments of the court in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), 2008 S.C.C. 9, as to the types of issues that attract the correctness standard of review.
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