Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable?
British Columbia, Canada
The following excerpt is from Manz v. Sundher, 2009 BCCA 92 (CanLII):
The question posed in this appeal was rejected in a recent decision of Mr. Justice Blair in Asquini v. British Columbia (Workers’ Compensation Appeal Tribunal) 2009 BCSC 62. In reasons for judgment on this issue (and on the impact of Dunsmuir upon the standard of review to a review of a Workers’ Compensation Appeal Tribunal decision to which the standard of patently unreasonable applies), Mr. Justice Blair succinctly dealt with this issue:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a reversal of the burden of proof at the BC Workers Compensation Appeal Tribunal result in a decision that is patently unreasonable? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the impact of the Court of Appeal Tribunal’s "unreasonable" and "patently unreasonable" interpretation of policy by the tribunal? (British Columbia, Canada)
Does the Court of Appeal in Dunsmuir hold that a patent unreasonableness standard set forth in s. 59(3) and (4) of the Anti-Patent Unreasonableness Act? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard of patent unreasonableness at the appeal tribunal? (British Columbia, Canada)
What jurisprudence should be considered in support of an appeal by a plaintiff in his BC Workers’ Compensation Appeal Tribunal case? (British Columbia, Canada)
Is patent unreasonableness the standard of review for findings of fact or law or exercise of discretion under the Administrative Tribunals Act? (British Columbia, Canada)
What is the difference between an unreasonable decision and a patently unreasonable decision? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
