The court held that the Workers’ Compensation Appeal Tribunal’s (“WCAT”) decision to deny a worker’s claim was patently unreasonable, as the court held that WCAT made findings with respect to the worker’s experience of a traumatic event without interviewing or assessing the worker, and made a medical finding that was contrary to the opinion of ...
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Health Professions Review Board – Statutory powers – Chiropractors – Competence – Inadequate investigations – Judicial review – Standard of review – Patent unreasonableness – Evidence College of Chiropractors of British Columbia v. Health Professions Review Board, [2016] B.C.J. No. 884, 2016 BCSC ...
Judicial review of decision by the British Columbia Director of Adoption to place a child for adoption with prospective adoptive parents who were residents of Alberta. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Declaratory relief – Director of Adoption – Judicial Review – Legislation – Reasonableness simpliciter – Remedies – ...
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...
After a client reported sexual misconduct by a massage therapist, which the registrant denied, the inquiry committee at the college ordered that he be required to have a chaperone present during all treatments of female patients while the committee investigated the allegations. The registrant sought judicial review of this decision, arguing in part that there ...
Absent specific statutory authorization, the B.C. Court of Appeal held that a court may not order that an administrator can exercise powers without approval by a resolution passed by a majority vote pursuant to section 174(7) Strata Property Act (the “Act”), as this would abrogate the democratic rights of owners under the Act. Administrative law ...
Application for judicial review of the decision of Workers’ Compensation Appeal Tribunal (WCAT) on the basis WCAT made patently unreasonable findings of fact. Administrative law – Benefits – Decisions of administrative tribunals – Evidence – Expert Evidence – Judicial Review – Workers Compensation – Workers Compensation Boards Stovicek v. Providence Health Care Society, [2016] B.C.J. No. ...
Appeal from the decision of Panel of the Healthcare Practitioner Special Committee for Audit Hearings ordering repayment of over $1.1 million and permanent cancellation of enrolment in MSP. Administrative law – Billing matters – Decisions of administrative tribunals – Delay – Evidence – Fairness – Hearings – Judicial Review – Ministry of Health Billing Integrity ...
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – PharmaCare Enrollment Agreement – Billing matters – Public interest – Judicial review – Procedural requirements and fairness – Remedies – Interlocutory injunctions Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2015] B.C.J. No. 2919, British Columbia Supreme Court, November 16, ...
A bylaw prohibiting pharmacists from using customer incentive programs was struck down on judicial review on the basis of unreasonableness. The College of Pharmacists appealed. The appeal was allowed as the court found that the bylaws conformed to the rationale of the statutory regime. Administrative law – Bylaws – College of Pharmacists – Compliance with ...
