The Petitioner sought an order quashing a decision of the Respondent, the British Columbia Human Rights Tribunal (“BCHRT”), dismissing her human rights complaint against the Respondent, the University of Victoria (the “University”). The Court held that the appropriate standard of review is patent unreasonableness. The Court concluded that the Petitioner failed to establish a basis for quashing the BCHRT decision, and dismissed the application.

28. November 2006 0
Administrative law – Universities – Students – Duty to accommodate – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Judicial review – Limitations – Compliance with legislation – Standard of review – Patent unreasonableness Callaghan v. University of Victoria, [2006] B.C.J. No. 2668, British Columbia Supreme Court, October 11, ...

A man (“Crockford”) charged with assault of his female domestic partner appealed from the decision of a chambers judge finding that the British Columbia Human Rights Tribunal had no jurisdiction to consider his complaint of discrimination against Crown counsel because Crown counsel provided no “service customarily available to the public” as required under s. 8 of the Human Rights Code.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Jurisdiction of tribunal – Public interest British Columbia v. Crockford, [2006] B.C.J. No. 1724, British Columbia Court of Appeal, August 1, 2006, Huddart, Levine and Smith JJ.A. A chamber’s judge had quashed a preliminary ...

A lawyer (Hamilton) successfully appealed from a decision of the Law Society, which had found her guilty of professional misconduct for visiting a jail with a prisoner’s girlfriend and identifying that girlfriend as her assistant in order to facilitate access to the prisoner.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Judicial review – Witnesses – Evidence – Standard of review – Reasonableness simpliciter Hamilton v. Law Society of British Columbia, [2006] B.C.J. No. 1741, British Columbia Court of Appeal, August ...

Geronazzo’s application for judicial review of the dismissal of his application for an extension of the 90-day limit to apply for a review of a Workers’ Compensation Board (the “Board”) decision rejecting his claim for benefits was allowed where the Court held that the decision that Geronazzo had failed to show that he intended to appeal during the period was patently unreasonable

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Limitations – Extension of time Geronazzo v. British Columbia (Workers’ Compensation Board), [2006] B.C.J. No. 1647, British Columbia Supreme Court, July 13, 2006, Rogers J. Geronazzo’s claim for Workers’ Compensation benefits due to a back injury was ...

The application by Painter to quash an adjudicator’s decision concluding that Painter had care and control of a motor vehicle while his blood alcohol level was over .08 was allowed where the Court found that the adjudicator breached the rules of natural justice when she used her own knowledge and understanding to form conclusions without giving Painter an opportunity to address these matters by putting forward evidence or by way of submissions

26. September 2006 0
Administrative law – Motor vehicles – Adjudication – Breathalyzer test – Evidence – Suspension of driver’s licence – Judicial review – Natural justice – Procedural requirements and fairness Painter v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 1545, British Columbia Supreme Court, July 11, 2006, Gill J. Painter brought an application to quash an ...

The Court quashed the Respondent’s decision to deny benefits to the developmentally and intellectually disabled Petitioner. By structuring its decision on an IQ criteria, the Respondent had acted outside of its jurisdiction and had fettered its own discretion.

22. August 2006 0
Administrative law – Administrative decisions – Community Living authority – Legislation – Validity – Ultra vires – Unlawful delegation of power – Judicial review – Compliance with legislation N.F. (Guardian Ad Litem of) v. Community Living B.C., [2006] B.C.J. No. 1331, British Columbia Supreme Court, June 12, 2006, Chamberlist J. The Petitioner was 19 years of ...

The Court refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal.

27. June 2006 0
Administrative law – Stock brokers – Disciplinary proceedings – Hearings – Stay of proceedings – Decisions of administrative tribunals – Securities Commission – Delay – Abuse of process – Judicial review – Appeals and leave to appeal – Jurisdiction Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727, British Columbia Court of Appeal, March 24 2006, ...

The decision of the Respondent Deputy Minister of Health to terminate Pharmacy Participation Agreements made between PharmaCare and the Petitioner pharmacies was the exercise of a statutory power of decision; it did not arise from the common law powers that the Crown enjoys as a natural person. The Petitioners were entitled to seek judicial review of the decision under the British Columbia Judicial Review Procedure Act. The duty of procedural fairness owed to the Petitioners was not met by the Respondent. Certiorari was granted, the decision to terminate the Pharmacy Participation Agreements was quashed and the matter was remitted to the Respondent for reconsideration.

27. June 2006 0
Administrative law – Pharmacists – Decisions of administrative tribunals – Ministerial orders – Policies – Statutory provisions – Pharmacy Participation Agreements – Judicial review – Procedural requirements and fairness – Legislation – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter – Remedies – Certiorari Delivery Drugs Ltd. (c.o.b. Gastown Pharmacy) v. British ...

The Court quashed a policy decision of the Workers Compensation Board (“WCB”) Board of Directors (“BOD”) on the ground that it made a patently unreasonable interpretation of the word “recurrence” to include deterioration

27. June 2006 0
Administrative law – Workers compensation – Benefits – Recurrence vs. deterioration – Validity and application of policies – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness Cowburn v. British Columbia (Worker’s Compensation Board), [2006] B.C.J. No. 1020, British Columbia ...

An order of the Superintendent of Financial Institutions (the “Superintendent”) removing Ripudaman Singh Malik (“Malik”) as a director of the Khalsa Credit Union was set aside where the Court found the Superintendent was in breach of the rules of procedural fairness by failing to provide Malik with notice and an opportunity to be heard

27. June 2006 0
Administrative law – Decisions of administrative tribunals – Financial Institutions Commission – Director of corporation – Removal – Notice – Judicial review – Procedural requirements and fairness – Failure to provide reasons Malik v. British Columbia (Financial Institutions Commission), [2006] B.C.J. No. 999, British Columbia Supreme Court, May 5, 2006, Wedge J. On November 16, 2005, ...