Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard

15. March 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Legislative compliance – Appeals – Standard of review – Reasonableness – Municipalities – Building permits – Bylaws – Planning and zoning G.S.R. Capital Group Inc. v. White Rock (City), [2022] B.C.J. No. 180, 2022 BCCA 46, British Columbia Court of Appeal, February 4, ...

Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable

15. March 2022 0
Administrative law – Decisions reviewed – Public Sector Integrity Commissioner – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Gordillo v. Canada (Attorney General), [2022] F.C.J. No. 137, 2022 FCA 23, Federal Court of Appeal, February 9, 2022, W.W. Webb, J.B. Laskin and M. Rivoalen JJ.A. ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Municipal bylaws do not apply to activities authorized under permit issued under Mines Act because of exclusive provincial jurisdiction over “mines” and “mining activities”

16. March 2021 0
Administrative law – Municipalities – Orders – By-laws – Permits – Judicial review – Legislative compliance – Standard of review – Reasonableness – Natural resources – Mining – Jurisdiction – Remedies – Certiorari O.K. Industries Ltd. v. Highlands (District), [2021] B.C.J. No. 85, 2021 BCSC 81, British Columbia Supreme Court, January 20, 2021, C.E. Hinkson ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...

Ministry of Attorney General’s legal costs defending Cambie Surgeries Corporation v. British Columbia (Attorney General) action protected from disclosure by solicitor-client privilege

17. November 2020 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Production of records – Solicitor-client privilege – Public body – Judicial review – Appeals – Standard of review – Correctness British Columbia (Attorney General) v. Canadian Constitution Foundation, [2020] B.C.J. No. 1316, 2020 BCCA 238, British Columbia Court ...

Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...

Regulatory body can appoint administrator to provide oversight during investigation into police misconduct

15. September 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Public interest Durham Police Service v. Ontario Civilian Police Commission, [2020] O.J. No. 1490, 2020 ONSC 1116, Ontario Superior Court of Justice, April 6, 2020, ...