A decision of the Minister of Education removing the authority from a School Board members for unprofessional conduct was highly discretionary and fact-based. Such a decision was to be reviewed on a standard of reasonableness. As long as it fell within the possible range of reasonable outcomes, the decision should not be overturned on judicial review.
Administrative law – Decisions of administrative tribunals – Ministerial orders – School boards – Powers and duties – Code of ethics – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Human rights – Charter of Rights and Freedoms Nova Scotia v. Nova Scotia (Minister of Education), [2008] N.S.J. No. ...