What is the legal test for reasonableness?

New Brunswick, Canada


The following excerpt is from Gowan v. Province of New Brunswick, 2018 NBQB 212 (CanLII):

In the case of Dunsmuir v. New Brunswick 2008 SCC 9 the court stated at paragraph 47: Reasonableness is a deferential standard animated by the principle that underlies the development of the two previous standards of reasonableness: certain questions that come before administrative tribunals do not lend themselves to one specific, particular result. Instead, they may give rise to a number of possible, reasonable conclusions. Tribunals have a margin of appreciation within the range of acceptable and rational solutions. A court conducting a review for reasonableness inquires into the qualities that make a decision reasonable, referring both to the process of articulating the reasons and to outcomes. In judicial review, reasonableness is concerned mostly with the existence of justification, transparency and intelligibility within the decision-making process. But it is also concerned with whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law. ANALYSIS AND DECISION

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