What is the applicable standard of review of a decision of the Adjudicator?
British Columbia, Canada
The following excerpt is from Gill v British Columbia (Superintendent of Motor Vehicles), 2022 BCSC 267 (CanLII):
The parties agree that the applicable standard of review of the decision of the Adjudicator is one of reasonableness. A reviewing judge is not to parse the decision of an adjudicator minutely but rather to consider the decision as a whole in determining whether it meets the reasonableness standard. The reviewing judge is to consider whether the adjudicator’s reasoning involves a manifestly flawed reasoning process, or lacks in logic or transparency, such that it is not possible to determine how the adjudicator came to his or her conclusion: see Kenyon v. British Columbia (Superintendent of Motor Vehicles), 2015 BCCA 485 at paras. 52 and 53, referring to Rangi v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2343 at paras. 23 and 24.
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