Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Know your limits – review board cannot dictate process to College

Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

Schooled by the BCSC for Prematurity

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review application – Premature – Remedies – Interlocutory injunctions – Schools and school boards – Discrimination Independent School Authority v. Parent, [2022] B.C.J. No. 623, 2022 BCSC 570, British Columbia Supreme Court, April 7, 2022, W.A. Baker J. The petitioners, a private school, seek ...

Disgruntled Strata Owner Takes a Loss

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure

17. May 2022 0
Administrative law – Municipalities – Decisions reviewed – Municipal council – By-laws – Judicial review – Procedural requirements and fairness – Remedies – Mandamus Michetti v. Pouce Coupe (Village), [2022] B.C.J. No. 505, 2022 BCSC 472, British Columbia Supreme Court, March 22, 2022, S.C. Fitzpatrick J. The petitioner, Lorraine Michetti, was the Mayor of the ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

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, ...

I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision

22. February 2022 0
Administrative law – Decisions reviewed – Law Societies – Bias – Judicial review application – Premature – Procedural requirements and fairness – Evidence – Jurisdiction – Legislative compliance – Hearings – Notice – Hearing de novo – Barristers and solicitors – Professional misconduct – Disciplinary proceedings Hemminger v. Law Society of British Columbia, [2022] B.C.J. ...