The petitioner operated a masonry business in the City of Kelowna. Since 1995, the petitioner had a home-based business (minor) licence. In 2016, the City issued bylaw offence notices on the basis that the property was being used by the petitioner beyond the permitted uses and the property was a nuisance to neighbours. However, the ...
Administrative law – Decisions reviewed – Conflict of Interest and Ethics Commissioner – Judicial review application – Availability – Investigation Democracy Watch v. Canada (Attorney General), [2021] F.C.J. No. 683, 2021 FCA 133, Federal Court of Appeal, July 5, 2021, Y. de Montigny, M. Rivoalen and G.R. Locke JJ.A. Relevant Facts This Federal Court of ...
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Standard of review – Reasonableness – Remedies – Mandamus – Barristers and solicitors – Professional misconduct – Fees Party A v. Law Society of British Columbia, [2021] B.C.J. No. 600, 2021 BCCA 130, British Columbia Court of Appeal, March 29, 2021, ...
On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...
Administrative law – Decisions reviewed – Municipal boards – Licensing – By-laws – Resolutions – Judicial review – Legislative compliance – Standard of review – Unreasonableness Pendergast v. Sidney (Town), [2020] B.C.J. No. 1130, 2020 BCSC 1049, British Columbia Supreme Court, July 15, 2020, J.A. Power J. The Court concluded that the Town of Sidney ...
Administrative law – Decisions reviewed – Municipal boards – By-laws – Building permits – Agricultural Land Reserve – Judicial review – Legislative compliance – Evidence, admissibility – Standard of review – Reasonableness Minster Enterprises Ltd. v. Richmond (City), [2020] B.C.J. No. 495, 2020 BCSC 455, British Columbia Supreme Court, March 30, 2020, Crerar J. The ...
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...
The applicant was a student in the Primary Care Paramedic Program. He was removed from the program by Alberta Health Services, which ran a portion of the practicum program. The applicant was subsequently removed from the academic program for failure to complete his academic requirements. He sought a hearing in front of the Student Appeal ...
The court concluded that the Canadian Human Rights Commission committed a breach in procedural fairness when it failed to properly consider and assess reply submissions made by the applicant in response to the investigator’s initial investigation and report. The Commission could not simply adopt the investigator’s findings, when the applicant had raised new issues in ...
