The petitioner, Pacific Booker Minerals Inc., owners of property on Morrison Lake, worked for several years to obtain an environmental assessment certificate under the Environmental Assessment Act, S.B.C. 2002, c. 43 (the “Certificate”), to allow it to construct and operate copper/gold and minerals mine next to Morrison Lake, 65 kilometres northeast of Smithers. In August 2012, the Ministers of Environment and of Energy, Mines and Natural Gas (the “Ministers”) received a final assessment report from the Executive Director of the Environmental Assessment Office which concluded that although the project “would not result in any significant adverse effects with the successful implementation of mitigation measures and conditions”, the Executive Director nevertheless recommended Ministers refuse to issue a certificate. Based on the Executive Director’s report, the Ministers refused to issue the Certificate. On judicial review, the Court quashed and set aside the Ministers’ decision, and ordered that the petitioner’s application for a certificate be remitted back to the Ministers for reconsideration, on the basis of procedural fairness grounds. In particular, the petitioner had a reasonable expectation and right to be able to respond to at least the essence of the adverse recommendations and the “additional factors” raised by the Executive Director in his final report. The Court further ordered that the petitioner and the various First Nation group intervenors, be provided with the Executive Director’s recommendations to the Ministers, and an opportunity to provide a response to the recommendations.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Environmental Assessment Office – Approval process – Environmental matters – Environmental Assessment Certificate – Judicial review – Compliance with legislation – Procedural requirements and fairness – Legitimate expectations Pacific Booker Minerals Inc. v. British Columbia (Minister of the Environment), [2013] B.C.J. No. 2694, 2013 BCSC 2258, British ...

Union appealed decision dismissing application for want of prosecution, in relation to judicial review petition, on grounds the employee petitioner was self-represented

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Disclosure of records – Labour law – Working conditions – Practice and procedure – Dismissal for want of prosecution – Judicial review – Delay – Self-representation Cole v. Workers’ Compensation Appeal Tribunal, [2014] B.C.J. No. 5, 2014 BCCA 2, British Columbia Court of ...

After eight years, an articled student is given the right to be enrolled by the Law Society of British Columbia (“LawSoc”) with conditions

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Hearings – Judicial review – Evidence – Credibility – Compliance with legislation – Failure to provide adequate reasons Mohan v. Law Society of British Columbia, [2013] B.C.J. No. 2487, 2013 BCCA 489, British Columbia Court of Appeal, ...

Petition for judicial review from decision of Human Rights Tribunal dismissing complaint because it was not filed in time.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Compliance with legislation – Limitation of actions – Standard of review – Patent unreasonableness Lewis v. British Columbia (Ministry of Public Safety), [2013] B.C.J. No. ...

The Court allowed, in part, the application for judicial review by several Vancouver taxi companies of seven decisions of the Passenger Transportation Board that permitted certain suburban tax companies, not licensed for the City of Vancouver, to pick up passengers in the Downtown Vancouver Entertainment District during certain peak weekend hours. While the Court found it was reasonable for the Board to hear the matters together, that the Board did not act unfairly in conducting a written hearing, and the determination of the boundaries of the Downtown Vancouver Entertainment District was within the Board’s jurisdiction, it was patently unreasonable for the Board to not permit the Vancouver taxi companies to make submissions on the suburban taxi companies’ application for temporary permits as the decision was arbitrary and failed to consider the interests of the Vancouver taxi companies. The Board’s concern that hearing these submissions would result in delay was not an acceptable justification. A refusal to hear a person who would be affected by a decision of the Board is prima facie failure to “hear the other side” and a breach of the audi alteram partem principle. As a result, the temporary permit application was remitted to the Board for reconsideration after hearing submissions of the Vancouver Taxi Company.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Passenger Transportation Board – Taxis – Permits and licences – Hearings – Consolidation – Fairness – Judicial review – Standard of review – Patent unreasonableness – Delay – Jurisdiction Yellow Cab Co. v. Passenger Transportation Board, [2013] B.C.J. No. 2321, 2013 BCSC 1930, British Columbia Supreme Court, ...

Tribunal appealed judicial review decision setting aside the tribunal’s decision on the basis of an issue not raised by the parties on judicial review. Appeal allowed, chambers judge’s order set aside, and petition for judicial review dismissed.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Courts – Evidence – Issues not raised by parties Vandale v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 1968, 2013 BCCA 391, British Columbia Court of Appeal, September 9, 2013, S.D. Frankel, N.J. ...

Judicial review of decision of Superintendent of Motor Vehicles upholding roadside prohibition. Decision of Superintendent set aside on basis that “warn” reading on approved screening device was not, on its own, evidence to indicate petitioner’s ability to drive was affected by alcohol.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Permits and licences – Evidence – Standard of review – Reasonableness simpliciter Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1960, 2013 BCSC 1638, British ...

The Court declined the respondents’ application to convert Workers’ Compensation Board proceedings to a court action but permitted their request to challenge WCB orders as the respondents faced the possibility of imprisonment

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Tribunal orders – Contempt – Judicial review – Collateral attack – Compliance with legislation – Evidence British Columbia (Workers’ Compensation Board) v. Skylite Building Maintenance Ltd., [2013] B.C.J. No. 1988, 2013 BCSC 1666, British Columbia Supreme Court, September 10, 2013, G. Funt J. ...

The Court denied the petition seeking an order in the nature of certiorari quashing a 24-hour driving prohibition against the petitioner driver, on the basis that the peace officer who issued the prohibition believed, on reasonable and probable grounds, that the driver’s ability to operate a motor vehicle was affected by a drug, other than alcohol. Merely showing that the officer may have been mistaken about the presence of drugs in her system did not negate the fact that she was driving as if she were on drugs. A reasonable and probable belief that a driver’s ability to drive has been affected by a drug includes the context of the driving itself, and rebutting the belief includes rebutting fault for that driving and not merely raising a question about the presence of drugs alone.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor Vehicles – Suspension of driver’s licence – Judicial review – Procedural requirements and fairness Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1778, 2013 BCSC 1458, British Columbia Supreme Court, August 13, 2013, T.M. McEwan J. The petitioner ...

Court of Appeal overturned the decision of a chambers judge and upheld a decision of the BC Human Rights Tribunal awarding a mentally disabled appellant damages for discrimination in tenancy. The appellant had purchased a motor home and the respondent had refused to rent the pad on which the home was located and refused to consent to the vendors’ lease to the appellant.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Landlord and tenant – Leases – Human rights complaints – Disability – Discrimination – Judicial review – Privileged communications – Disclosure – Evidence – admissibility – Judicial notice Silver Campsites Ltd. v. James, [2013] B.C.J. No. 1302, 2013 BCCA 292, British Columbia Court ...