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 Dunsmuir v New Brunswick as represented by Board of Management .
In a recent decision The Owners, Strata Plan VR320 v Day, 2023 BCSC 364[3] at paras.
Another reasonable interpretation could be that the special levy is due and payable on May 1, 2021, per the underlined phrase.
It would be unlawful to allow for the Second Resolution to retroactively apply to Mr. Day – a former owner who did not have an opportunity to participate in discussions relating to the special levy purportedly established by the First Resolution – because such an interpretation contravenes the Ministerial Order."