Application for judicial review of decision cancelling license of occupation under Land Act, R.S.B.C. 1996, c. 245. Administrative Law – Decisions reviewed – Judicial Review – Licences – Ministerial – Natural resources – Public interest – Reasonableness – Standard of Review Falkenstein v. British Columbia (Ministry of Forests Lands and Natural Resource Operations), [2017] B.C.J. ...
Court dismisses judicial review for failing to comply with a legislatively prescribed limitation date. Administrative Law – Decisions of administrative tribunals – Delay – Judicial Review – Legislative compliance – Mental stress – Patent unreasonableness – Standard of Review – Workers Compensation – Workers Compensation Boards Van Dam v. British Columbia (Workers’ Compensation Appeal Tribunal), ...
Appellate court affirms Tribunal’s decision that injuries caused to members of a CEO advisory group did not arise out of and in the course of their employment. Administrative law – Appeals – Decisions of administrative tribunals – Evidence – In and out of the course of employment – Judicial Review – Patent unreasonableness – Policies ...
BC Supreme Court dismissed petition for judicial review in respect of Human Rights Tribunal’s decision to summarily dismiss a complaint of sexual discrimination on the basis that the alleged contraventions occurred more than six months before the complaint was filed. Administrative law – Decisions of administrative tribunals – Discrimination – Employment law – Human rights ...
The petitioner sought judicial review of a Residential Tenancy Branch decision to dismiss her application to cancel an eviction notice served by her landlord pursuant to s. 47(1)(h) of the Residential Tenancy Act, S.B.C. 2002 c. 78 (the “RTA”). Section 47(1)(h) of the RTA permits a landlord to end a tenancy if the tenant has: ...
When a tribunal is granted a high degree of deference it may not be patently unreasonable for the tribunal to dismiss an appeal of its decision without a hearing. Administrative law – Appeals – Bias – Decisions of administrative tribunals – Employment law – Employment Standards Tribunal – Evidence – Hearings – Judicial Review – ...
BC Court of Appeal found the Law Society’s decision not to approve Trinity Western University’s law school was unreasonable because it limited the right to freedom of religion in a disproportionate way. Administrative law – Admission to profession – Barristers and solicitors – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom ...
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...
Injunction application in relation to the termination of agreement to operate a residential care facility pursuant to Health Authorities Act. Administrative law – Decisions of administrative tribunals – Evidence – Government contracts – Health authorities – Injunctions – Judicial Review – Licence to provide health services – Notice requirements – Procurement process – Remedies – ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Worker, definition – In and out of the course of employment – Judicial review – Standard of review – Patent unreasonableness Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), [2016] B.C.J. No. 1399, 2016 BCSC 1216, British ...
