Patently Unreasonable

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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. In Canadian law, patently unreasonable or the patent unreasonableness test was a standard of review used by a court when performing judicial review of administrative decisions. It was the highest of three standards of review: correctness, unreasonableness, and patent unreasonableness. Although the term "patent unreasonableness" lacked a precise definition in the common law, it was somewhere above unreasonableness, and consequently it was relatively difficult to show that a decision is patently unreasonable. A simple example of a patently unreasonable decision may be one that does not accord at all with the facts or law before it, or one that completely misstates a legal test. By a decision issued on March 7, 2008, this test was removed from the law by the Supreme Court of Canada in David Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by Board of Management.

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Pagina's: 76, Paperback, Betascript Publishers