What is the standard of review applicable to the original decision and to the new evidence?
British Columbia, Canada
The following excerpt is from Marchant v. British Columbia (Workers’ Compensation Appeal Tribunal), 2014 BCSC 1194 (CanLII):
It is common ground that the standard of review applicable to the original decision and to the new evidence decision is patent unreasonableness. That standard was recently described by Johnston J. in Preast v. British Columbia (Workers’ Compensation Appeal Tribunal), 2014 BCSC 864 at paras. 18 and 19, in these terms:
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