Citing Groberman JA's reasons for the Court in CSWU, Local 1611 v. SELI Canada Inc. 2011 BCCA 353, the dissent noted that Canadian courts have accepted that some errors in the course of a hearing will be jurisdictional in nature, and that
unreasonable errors of law or fact can be errors of jurisdiction.
Not exact matches
None
of Air Canada's alleged Agency
errors of fact — inexplicably mischaracterized as
errors of law — are perverse or capricious, made without regard to the evidence, or demonstrably
unreasonable.
Since the permit is based on the opinion
of the Minister, the court will not interfere unless the Minister has made a clear
error of law, or his / her Minister's decision is
unreasonable.
Verdicts are commonly overturned when they are
unreasonable, unsupported by the evidence, where the judge has made an
error in the
law, or more generally, where there has been a miscarriage
of justice.
This conflating
of the two standards is an
error of law, which ultimately renders the decision
unreasonable.