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 ...

Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked

15. November 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Standard of review – Patent unreasonableness – Employment – Termination of employment – Off-duty conduct – Human rights – Discrimination – Sexual orientation Conklin v. University of British Columbia, [2022] B.C.J. No. 1827, 2022 BCCA 333, British Columbia Court of ...

Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence

15. November 2022 0
Administrative law – Judicial review – Appeals – Delay – Standard of review – Reasonableness simpliciter – Fresh evidence – Admissibility Revive Spa Ltd. v. Melka Construction Ltd., [2022] B.C.J. No. 1831, 2022 BCCA 336, British Columbia Court of Appeal, September 23, 2022, E.A. Bennett, G. Dickson and K. Horsman JJ.A. The appellant’s small claims ...

Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression

20. April 2021 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons – Health authorities Beaudoin v. British Columbia, [2021] B.C.J. No. 551, ...

Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...

Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so

19. January 2021 0
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...

Decision to launch public hearing into transit officer’s assault of a black student in 2011 was restored

20. October 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Appeals – Procedural requirements and fairness – Delay – Public hearings – Natural justice – Standard of review – Reasonableness – Abuse of process – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record Diaz-Rodriguez v. British Columbia (Police ...

City ordered to produce redacted legal invoices from collective bargaining process on a freedom of information request

20. October 2020 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Disclosure – Exceptions – Judicial review – Legislative compliance – Standard of review – Reasonableness – Municipalities – Statutory interpretation Brockville (City) v. Ontario (Information and Privacy Commissioner), [2020] O.J. No. 3160, ...