The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof

22. February 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...

Reviewable Decisions – The conundrum of determining whether a decision is subject to judicial review

21. September 2021 0
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 ...

Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied

18. May 2021 0
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, ...

Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”

16. March 2021 0
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 ...

What do the residents have to say? Local Government required to gather the views of residents when providing recommendations to the Liquor and Cannabis Regulation Branch for proposed non-medical cannabis establishment

20. October 2020 0
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 ...

City’s unreasonable decision to void a building permit on the basis that no construction activities had occurred

18. August 2020 0
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 ...

Extradition in the face of medical hardship – finding the balance

17. March 2020 0
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 ...

Hear me out! Judicial Review of the Vice President of Northern Lakes College decision to not convene a Student Appeals Committee after the applicant was removed from his practicum program

17. March 2020 0
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 ...