During a judicial review of its own decision, the Privacy Commissioner for British Columbia (the “Commissioner”) was not permitted to argue the merits of its decision; however, it could explain the record and demonstrate that its decision was not patently unreasonable

27. December 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Decisions of administrative tribunals – Privacy Commissioner – Standing in judicial review – Judicial review – Jurisdiction – Procedural requirements and fairness British Columbia Teachers’ Federation v. British Columbia (Information and Privacy Commissioner), [2005] B.C.J. No. 2394, British Columbia Supreme Court, November 3, 2005, ...

The Petitioner sought judicial review of a decision of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) to terminate him from his position as registrar of the College. The petition was dismissed as the judge found that the College met its requirement of procedural fairness. On appeal, the Court held that the reviewing judge erred in mixing the merits of the decision to terminate with the process of termination. Furthermore, she made a palpable error of fact in finding that the Petitioner had notice of the grounds for termination when he had no prior notice of a report accusing him of dishonesty and no opportunity to address the accusation. This amounted to a denial of procedural fairness. The Court ordered that he be re-instated to his position as registrar, with full back pay and benefits less earnings from other employment.

27. December 2005 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Natural justice – Judicial review – Appeals – Procedural requirements and fairness Wong v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, [2005] B.C.J. No. 2219, British Columbia Court of Appeal, October 21, ...

The Court dismissed the Province’s petition for judicial review of a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) that the Province discriminated against the Respondents, Ms. Hutchinson and her father, Mr. Hutchinson, on the basis of physical disability and family status in the manner in which it was applying its Choices in Support for Independent Living (“CSIL”) policy which included a blanket prohibition against hiring family members. The Court upheld the Tribunal’s finding that a prima facie case of discrimination had been established against the Province and upheld the Tribunal’s order of monetary compensation of $105,850 to Mr. Hutchinson for lost opportunity for employment.

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Correctness – Patent unreasonableness – Jurisdiction of tribunal – Damages British Columbia v. Hutchinson, [2005] B.C.J. No. 2270, British Columbia Supreme Court, October 12, 2005, Cullen ...

A professional engineer (Visser) was successful in obtaining an Order prohibiting the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from proceeding with a second inquiry in relation to a complaint made about Visser. The court held that permitting the Association to re-characterize the same conduct and then proceed with a second inquiry would represent an abuse of process.

27. December 2005 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Decisions of administrative tribunals – Association of Professional Engineers – Estoppel and res judicata – Judicial review – Abuse of process Visser v. Association of Professional Engineers and Geoscientists of British Columbia, [2005] B.C.J. No. 2108, British Columbia Supreme Court, October 5, 2005, Baker J. On October ...

An application brought by way of judicial review to quash a school closing bylaw was dismissed as the Court held that the process of closing the school was, as a whole, fundamentally fair and the Petitioners had adequate opportunity to consult with the School Board before the final decision was made to close the school

22. November 2005 0
Administrative law – Schools – Closures – Parental rights – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness Kelley v. Saanich School District No. 63, [2005] B.C.J. No. 1952, British Columbia Supreme Court, September 9, 2005, Sigurdson J. An application was brought by way of judicial review to quash a ...

An employee of Weyerhauser (“Mr. Jones”) was successful in his appeal from a decision dismissing his application for judicial review of a decision denying his claim for a loss of earnings pension through the Workers’ Compensation Board

22. November 2005 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Standard of review of appellate court – Privative clauses – Delegated authority – Standard of review – Patent unreasonableness – Remedies – Mandamus – Certiorari Jones v. British Columbia (Workers’ Compensation Board), [2005] B.C.J. No. ...

When interpreting the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267 and its Regulations, the standard of review of the General Manager, Liquor Control and Licensing Branch, was correctness. The General Manager’s interpretation of the food service requirement, which permitted the sale of alcohol so long as the establishment was primarily engaged in the service of food during all hours of operation, was correct. There was sufficient evidence to support the General Manager’s conclusion that patrons of the Petitioner, 532871 B.C. Ltd., carrying on business as The Urban Well, were not consumers of food. The General Manager’s decision on the application of the law to the facts was reviewable on a reasonableness standard.

25. October 2005 0
Administrative law – Permits and licences – Suspensions – Decisions of administrative tribunals – Liquor Licensing Board – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter 532871 B.C. Ltd. (c.o.b. The Urban Well) v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2005] B.C.J. No. 1821, British Columbia Court ...

The Court of Appeal upheld the decision by the British Columbia Human Rights Tribunal that female communications operators employed by the police department were not entitled to pay equity with their mostly male peers at fire department. The appropriate standard of review was reasonableness. The tribunal’s decision that the female communications operators were employed by the Vancouver Police Board and the fire dispatchers were employed by the City of Vancouver, and thus equity considerations did not apply as between the two groups, was reasonable.

25. October 2005 0
Administrative law – Human rights complaints – Discrimination – Gender – Wage disparity – Employment law – Pay equity – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Reasonableness simpliciter Reid v. Vancouver Police Board, [2005] B.C.J. No. 1832, British Columbia Court of Appeal, August 18, 2005, Donald, Lowry and ...

The BC Public School Employers’ Association (“BCPSEA”) was unsuccessful in appealing from an arbitrator’s decision to the effect that the British Columbia Teachers’ Federation (“BCTF”) was justified in taking a grievance from the decision of the School Boards to advise teachers that they were not to post materials on teacher bulletin boards or to distribute documents to parents regarding issues of class size that were the subject of collective bargaining negotiations between the BCTF and the BCPSEA

27. September 2005 0
Administrative law – Schools and school boards – Powers – Teachers – Labour law – Arbitration – Decisions of administrative tribunals – Labour and employment boards – Charter of Rights – Freedom of expression – Remedies – Charter relief British Columbia Public School Employers’ Association v. British Columbia Teachers’ Federation, [2005] B.C.J. No. 1719, British Columbia Court of Appeal, ...

A father in persistent arrears of a child support order (“G.B.I.”) was unsuccessful in his application for judicial review of a decision by the Director of Maintenance Enforcement (the “Director”), suspending his passport. G.B.I. was also unsuccessful in seeking an order in the nature of mandamus directing the Director to request termination of the licence denial application that was outstanding against him.

27. September 2005 0
Administrative law – Decisions of administrative tribunals – Family Maintenance Enforcement – Suspension of licence for arrears – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter G.B.I. v. British Columbia (Director of Maintenance Enforcement), [2005] B.C.J. No. 1753, British Columbia Supreme Court, August 4, 2005, Ralph J. In 1998, ...