United States of America v. Michaelov, 2010 ONCA 819 is an extradition case but sets out clearly the test for judicial review where the standard of review is reasonableness. The language is broadly useful:
[80] Under s. 57(2) of the Act, the standard of review is reasonableness: Lake v. Canada (Minister of Justice), [2008] 1 S.C.R. 761, at para. 26. The surrender decision of the Minister is a determination to which this court owes deference: Lake at para. 34. Interference with the decision is limited to exceptional cases of "real substance": Lake at para. 34.
[81] On judicial review it is not for us to reassess the relevant factors and to substitute our own view of where the balance falls. What we must do is ask whether the Minister considered the relevant facts and reached a defensible conclusion, one that falls within a range of reasonable outcomes: Lake at para. 41. The Minister's conclusion is not defensible if he has failed to carry out a proper analysis: Lake at para. 41
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