What is the standard of review for a tribunal's interpretation of a section of legislation?
British Columbia, Canada
The following excerpt is from Imperial Parking v. Bali et al, 2005 BCSC 643 (CanLII):
The most deferential standard of review is patent unreasonableness. When interpreting a legislative provision, a tribunal’s decision will be seen as patently unreasonable if the interpretation cannot be rationally supported by the subject legislation and demands judicial intervention. A decision is also patently unreasonable where it is “clearly irrational” or there is no evidence to support the tribunal’s finding of fact (Toronto (City) Board of Education v. O.S.S.T.F. Dist. 15, 1997 CanLII 378 (SCC), [1997] 1 S.C.R. 487 at paras. 41-48, 144 D.L.R. (4th) 385).
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