A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker

30. January 2024 0
The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of ...

The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided

30. January 2024 0
Administrative law – Decisions reviewed – Municipal boards –  Judicial review – Procedural requirements and fairness – Mootness – Standard of review – Reasonableness – Municipalities – By-laws – Fire inspectors – Human rights – Charter of Rights and Freedoms Vandenberg v. Vancouver (City) Fire and Rescue Services, [2023] B.C.J. No. 2309, 2023 BCSC 2104, ...

Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review

29. November 2023 0
Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review. Administrative law – Decisions reviewed – Insurance Council –  Remedies – Interlocutory injunctions FS Insurance Brokers, Inc. v. Insurance Council of British Columbia, [2023] B.C.J. No. 1345, 2023 BCSC 1190, British Columbia Supreme Court, July 11, 2023, F.M. Kirchner J. The ...

Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act

29. November 2023 0
When considering the nature and severity of non compliance, principles of proportionality, parity, rehabilitation, and deterrence, it was found that a $500,000 penalty was not patently unreasonable. Administrative law – Decisions reviewed – Trucking Commissioner – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Gulzar Transport Inc. v. British ...

When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance

20. October 2023 0
BC Court of Appeal overturns Supreme Court decision to judicially review a Property Assessment Review Panel (“PARP”) Decision because the de novo appeal process set out in the legislation would cure PARP’s breaches of procedural fairness complained about on judicial review. Administrative law – Decisions reviewed – Property Assessment Appeal Board – Hearing de novo ...

Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered

29. August 2023 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness Airbnb Ireland UC v. Vancouver (City), [2023] B.C.J. No. 1294, 2023 BCSC 1137, British Columbia Supreme Court, July ...

Procedural Fairness in Reconsideration Decisions

29. August 2023 0
The British Columbia Supreme Court held that the principle that an appellate body should only raise a new issue when failing to do so would risk an injustice applies in a flexible and contextually appropriate manner to appeals and reconsiderations from administrative decision makers Administrative law – Decisions reviewed – Employment Standards Tribunal – Remuneration ...

BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court

25. July 2023 0
BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court, prohibiting pre-trial discovery evidence from being used by a professional regulator to investigate a professional regulatory complaint. Administrative law – Decisions reviewed – Investigations – Judicial review – Appeals – Confidentiality – Discretion – Engineers – Professional misconduct Association of ...

The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Human rights – Discrimination – Family status – Marital status – Gender – Labour relations Gibraltar Mines Ltd. v. Harvey, [2023] B.C.J. No. 720, 2023 BCCA 168, British Columbia Court of ...

Municipalities permitted to restrict occupation by owners of rental units

Administrative law – Municipalities – By-laws – Condominiums – Strata corporations – Judicial review – Legislative compliance – Jurisdictional questions – Ultra vires legislation – Standard of review – Reasonableness – Appeals V.I.T. Estates Ltd. v. New Westminster (City), [2023] B.C.J. No. 799, 2023 BCCA 183, British Columbia Court of Appeal, May 1, 2023, H. ...