Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation

16. May 2023 0
Administrative law – Decisions reviewed – Residential Tenancy office – Landlord and tenant – Residential tenancies agreements – Eviction – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Dyck v. Lyndon, [2023] B.C.J. No. 518, 2023 BCSC 440, British Columbia Supreme Court, March 23, 2023, D.A. Betton J. In ...

HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made

16. May 2023 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Duty to accommodate – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Patent unreasonableness McNeil v. British Columbia (Human Rights Tribunal), [2023] B.C.J. No. 561, 2023 BCSC 481, British Columbia Supreme Court, March 29, 2023, B.M. Young ...

Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable

16. May 2023 0
Administrative law – Decisions reviewed – Health Professions Review Board – Inadequate investigations – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Chiropractors College of Chiropractors of British Columbia v. British Columbia (Health Professions Review Board), [2023] B.C.J. No. 611, 2023 BCSC 529, British Columbia Supreme ...

Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances

16. May 2023 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Hearings – Hearing de novo – Judicial review – Procedural requirements and fairness – Remedies Faruk v. Ontario (Landlord and Tenant Board), [2023] O.J. No. 1617, 2023 ONSC 2191, Ontario Superior Court of Justice, April 13, 2023, M.G. Ellies R.S.J., N.L. Backhouse and T.R. ...

Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes

18. April 2023 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Legislative compliance – Procedural requirements and fairness – Standard of review – Patent unreasonableness Williams v. British Columbia (Civil Resolution Tribunal), [2023] B.C.J. No. 293, 2023 BCSC 239, British Columbia Supreme Court, February 17, 2023, J. Hughes ...

Mayor eventually defeats the council members’ effort to replace her as chair of meetings

18. April 2023 0
Administrative law – Municipalities – By-laws – Judicial review – Ultra vires legislation – Standard of review – Correctness – Reasonableness simpliciter Sul v. St. Andrews (Rural Municipality), [2023] M.J. No. 66, 2023 MBCA 25, Manitoba Court of Appeal, March 10, 2023, D.M. Cameron, C.J. Mainella and J.L. Lemaistre JJ.A. The applicant, mayor, sought judicial ...

Denied again – BC Court of Appeal dismisses second appeal from CRT decision

18. April 2023 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Appeals Downing v. Strata Plan VR2356, [2023] B.C.J. No. 357, 2023 BCCA 100, British Columbia Court of Appeal, March 1, 2023, P.M. Willcock, J. DeWitt-Van ...

Exceptional circumstances required for court to intervene in administration proceeding before it is completed

18. April 2023 0
Administrative law – Judicial review – Judicial intervention – Appeals – Barristers and solicitors – Professional misconduct Hemminger v. Law Society of British Columbia, [2023] B.C.J. No. 120, 2023 BCCA 36, British Columbia Court of Appeal, January 25, 2023, M.V. Newbury, J.J.L. Hunter, P.G. Voith JJ.A. The Law Society commenced discipline proceedings against Ms. Hemminger, ...

Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable

21. March 2023 0
Administrative law – Decisions reviewed – Ministry of Environment – Reporting requirements – Judicial review – Legislative compliance – Standard of review – Reasonableness – Environmental matters Sierra Club of British Columbia Foundation v. British Columbia (Minister of Environment and Climate Change Strategy), [2023] B.C.J. No.80, 2023 BCSC 74, British Columbia Supreme Court, January 17, ...

The Province does not need to prove fire control efforts were necessary or effective to recover such costs under the Wildfire Act

21. March 2023 0
Administrative law – Decisions reviewed – Forest Appeals Commission – Judicial review – Legislative compliance – Costs – Environmental matters – Forest practices Canadian National Railway Co. v. British Columbia, [2022] B.C.J. No. 2510, 2022 BCSC 2263, British Columbia Supreme Court, December 28, 2022, N. Sharma J. On June 11, 2015, a wildfire was sparked ...