What is the test for setting aside a decision regarding costs under s. 59(3) of the Administrative Tribunals Act?
British Columbia, Canada
The following excerpt is from Forsyth v. Coast Mountain Bus Company, 2013 BCCA 257 (CanLII):
A decision regarding costs is a discretionary decision and, as noted above, s. 59(3) of the Administrative Tribunals Act provides that discretionary decisions must not be set aside unless they are patently unreasonable. Section 59(4) of the Act states that a discretionary decision is patently unreasonable if the discretion: (a) is exercised arbitrarily or in bad faith, (b) is exercised for an improper purpose, (c) is based entirely or predominantly on irrelevant factors, or (d) fails to take statutory requirements into account. One of the listed circumstances must be demonstrated in order to establish that a discretionary decision is patently unreasonable: see Berezoutskaia v. British Columbia (Human Rights Tribunal), 2006 BCCA 95, 51 B.C.L.R. (4th) 4 at para. 19.
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