BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

Dentist seeks judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him due to the fact that he was suffering from bipolar disorder at the time

19. November 2015 0
Dentist sought judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure ...

The BC Court of Appeal held that the Vancouver Police Board (“VPB”) is a separate body from the Board of Police Commissioners (“Board”). As such, the VPB was not found liable for any tort liability of the Board in respect of alleged sexual assaults committed by a former police constable.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Professional misconduct or conduct unbecoming – Practice and procedure – Summary proceedings – Judicial review – Compliance with legislation – Statutory interpretation – Legislation – Retrospective and retroactive operation Gulkison v. Vancouver Police Board, [2015] B.C.J. ...

The central issue on this judicial review application was the manner in which statutory action and holiday pay on earned commissions was treated in the employee’s employment contract

Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Remuneration – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Patent unreasonableness Brandt Tractor Ltd. v. Claypool, [2015] B.C.J. No. 941, 2015 BCSC 759, British Columbia Supreme Court, May 11, 2015, P.W. Walker J. ...

Application for judicial review of decision of Registrar of Motor Dealers refusing salesperson’s licence

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Compliance with legislation – Public interest – Competence – Standard of review – Reasonableness simpliciter Fryer v. British Columbia (Motor Vehicle Sales Authority), [2015] B.C.J. No. 325, 2015 BCSC 279, British Columbia Supreme Court, February 13, ...

This matter concerns an appeal from the dismissal of a petition for judicial review of a decision of the Human Rights Tribunal (“Tribunal”) refusing to accept the appellants’ complaint for filing because it was not filed in time. The appeal was dismissed by the B.C. Court of Appeal.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights  complaints – Discrimination – Race – Continuing contravention – Judicial review – Limitations – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Chen v. Surrey (City), [2015] B.C.J. No. 257, 2015 BCCA 57, British Columbia Court of ...

The community association successfully applied for judicial review of a decision by the City of Vancouver and Development Permit Board approving a rezoning bylaw and issuing a development permit for construction of a 36-storey mixed use tower. The court quashed the bylaw and development permit, and directed new hearings, finding that the public hearing process was flawed. The bylaw and development permit arose out of a negotiation between the city and developer for a land exchange proposal, whereby the parties would swap properties across the street from one another and the developer would renovate its former building to provide the city with affordable housing units and obtain rezoning of the former city building so that it could construct a 36-storey tower. The court found that the procedure adopted by the city was unfairly restrictive and directed new hearings which would permit concerned citizens to address the whole project, including the essence and value of the land exchange to the city and its residents.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Planning and zoning – Notice and consultation – Hearings – Conduct of hearings – Disclosure of documents – Judicial review – Procedural requirements and fairness – Evidence Community Assn. of New Yaletown v. City of Vancouver, ...

The Court declined the Petitioner’s application for a stay of execution against the set-off by the Respondent Ministry of Health against monies allegedly owed by the Petitioner to the Respondent. The Respondent had determined that the Petitioner owed it the sum of $260,000 as a result of an audit by the Ministry of Health, Audit and Investigations Branch, in respect of unsupported or disallowed claims that had been previously paid by the Respondent. The Petitioner filed a petition for judicial review of the decision set out in the Respondent’s final audit report, seeking an interim stay pending the hearing of the petition. As a preliminary matter, the Court noted it had the jurisdiction to issue a stay of execution but declined to do so as the Petitioner had not met the onus of showing it would suffer irreparable harm that could not be compensated in damages if the stay was not granted.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – Billing matters – PharmaCare Enrollment Agreement – Judicial review – Statutory powers – Jurisdiction – Stay of execution – Remedies – Injunctions Northburn Prescriptions Ltd. (c.o.b. Northburn Remedy’s RX) v. British Columbia, [2014] B.C.J. No. 2771, 2014 BCSC 2124, British Columbia Supreme ...

The Court allowed a petition brought by the College of Dental Surgeons of British Columbia. The College took issue with a decision of the Respondent, Health Professions Review Board relating to Dr. Ronald Scammell’s treatment for Ms. Patsy McConville.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Investigations – Health Professions Review Board – Dentists – Disciplinary proceedings – Competence – Judicial review – Standard of review – Patent unreasonableness – Jurisdiction College of Dental Surgeons of British Columbia v. Health Professions Review Board, [2014] B.C.J. No. 2443, 2014 ...