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 ...
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. 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 ...
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 ...
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 ...
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 ...
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, 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 ...
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 ...
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. ...