What is the standard of patent unreasonableness at the appeal tribunal?
British Columbia, Canada
The following excerpt is from Belmont Properties v. Swan, 2021 BCCA 265 (CanLII):
The standard of patent unreasonableness is a high bar. Decisions meeting this high bar have been described in various ways, including: • openly, clearly and evidently unreasonable; • based on no evidence, not merely insufficient evidence; • bordering on the absurd; and • so flawed that no amount of curial deference can justify letting the decision stand: Halvarson v. Workers’ Compensation Appeal Tribunal, 2021 BCSC 71 at para. 27.
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