A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...
A court upheld the Human Rights Tribunal’s decision to dismiss portions of the petitioner’s complaint on the basis that it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention. Administrative law – Decisions reviewed – Human Rights Tribunal – Human rights complaints – Discrimination ...
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...
Application for judicial review of administrative driving prohibition, with review conducted on the basis of the notice of prohibition and officer’s notes and report, in the absence of a conventional record of proceedings. Administrative law – Decisions reviewed – Motor vehicles – Suspension of driver’s licence – Judicial review – Standard of review – Reasonableness – Permits and licences Chatchot v. Jordan, [2017] ...
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...
Administrative law – Decisions of administrative tribunals – Environmental Appeal Board – Hearing de novo – Judicial review application – Availability – Striking out Lindelauf v. British Columbia (Attorney General), [2017] B.C.J. No. 733, 2017 BCSC 626, British Columbia Supreme Court, April 18, 2017, S.A. Donegan J. Section 9 of the Water Act, R.S.B.C. 1996 c. ...
This proceeding was a petition for judicial review to determine whether a constable of the Vancouver Police Department (“VPD”) must comply with the requests made by an investigating officer of the Office of the Police Complaints Commission (“PCC”) pursuant to s. 101 of the Police Act, R.S.B.C. 1996, c. 367 (the “Act”). The Court held ...
