Reasonableness inhabits the full span of Canadian law as the following categories demonstrate.
In real estate law, land use zoning and development criteria and approvals are subject to reasonableness. Both the common law and legislation in residential tenancies law provide that consent to an assignment and sub-let cannot be unreasonably withheld by the landlord.
Most of the academic commentary on Dunsmuir has been cautiously supportive, praising the changes that the Supreme Court of Canada sought to effect but suggesting that more may need to be done to develop a workable approach to reasonableness review.
Gone are the old categories of "quasi-judicial" and "administrative" decisions, (15) replaced by more nebulous notions, such as fairness and reasonableness, which require courts to focus on various contextual factors.
(5) Flowever, reconceptualizing the use of deadly force by police officers as punishment provides a new understanding of the gravity of deadly police force and adds necessary substance to the
reasonableness analysis.
of "
reasonableness" into a magnet for legal theory.
reasonableness varies depending on where a search occurs.