Not exact matches
The giant bookseller files a motion, saying the
decision by an
administrative law judge
reached «erroneous conclusions» and was based on «a misstatement
of the facts.»
This point goes to a tension in Doré between the duty
of administrative decision - makers to consider Charter values and the role
of a reviewing court which has to assess the reasonableness
of the resulting
decision and whether a proportionate balance was
reached.
Such fact could have been known and thus taken into account by the Board
of Appeal when
reaching its
decision, thus it did not need to be invoked or supported by evidence by any
of the parties even in the
administrative phase.