The appeal from a decision which found the appellant guilty of professional misconduct in relation to allegations of inappropriate sexual activity with a student was dismissed as there was evidence before the Panel to support the conclusion that the appellant had engaged in such activity

25. January 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...

The Court dismissed the Province’s application for an order to stay part of the British Columbia Human Rights Tribunal’s order requiring payment to the Respondents, pending a decision of the Court on judicial review

25. January 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review application – Stay of proceedings – Test British Columbia v. Hutchinson, [2004] B.C.J. No. 2434, British Columbia Supreme Court, November 24, 2004, Ralph J. The British Columbia Human Rights ...

A decision made by a Panel of the College of Dental Surgeons of British Columbia was remitted back to the Panel for reconsideration and determination of the appropriate penalty after the Court held that it was inappropriate for the Panel to decide, in the face of submissions from both parties that the appropriate penalty was suspension and cancellation of the member’s registration as a dentist in British Columbia

25. January 2005 0
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...

A motorist who had received three roadside suspensions within two years (“Gyles”) was unsuccessful in his appeal of the dismissal of his application for judicial review of the decision of the Superintendent of Motor Vehicles (the “Superintendent”) prohibiting him from driving. Gyles had failed to submit to a required medical examination.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...

The owners of a nightclub (“Tonic Bar”) sought judicial review of an adjudicator’s decision on penalty relating to admitted contraventions of the “occupant load” requirement imposed on Tonic Bar under the Liquor Control and Licensing Regulations. The court upheld the adjudicator’s decision to impose a suspension 50% longer than the minimum mandated by the Regulations where the evidence established that the Tonic Bar was “seriously in contravention” of the occupant load restrictions on at least three occasions.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Judicial review – Compliance with legislation – Permits and licences – Suspensions 600428 B.C. Ltd. (c.o.b. Tonic Bar) v. British Columbia (Liquor Control and Licensing Branch, General Manager), [2004] B.C.J. No. 2291, British Columbia Supreme Court, November 2, 2004, Hutchison J. The Liquor Control and ...

A homeowner (“Mortensen”) appealed the decision of the Interior Health Authority charging him with a violation of s. 42 of the Sanitary Regulations, B.C. Reg. 142/59 for drilling a water well in his front yard. The court dismissed the appeal, finding that the health inspector had no discretion under the regulations once it was determined the well was within 100 feet of a septic tank and field.

28. December 2004 0
Administrative law – Environmental issues – Water wells location – Judicial review – Compliance with legislation – Discretion of delegated authority Mortensen v. Interior Health Authority, [2004] B.C.J. No. 2283, British Columbia Supreme Court, November 3, 2004, Bauman J. Mortensen lived on the shore of Okanagan Lake in a community called Fintry. Mortensen and others in ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...

An appeal was allowed of a case management judge’s decision to dismiss an application for a stay of a potential class proceeding, in the presence of an arbitration clause; the case was remitted to the case management judge for reconsideration in accordance with the Court of Appeal’s reasons. While certification of a class proceeding would render an arbitration agreement inoperative, that decision cannot be made before the court determines whether the proceeding will be certified.

24. November 2004 0
Administrative law – Judicial review – Class proceedings – Certification – Arbitration agreements – Statutory interpretation – Compliance with legislation – Stay of proceedings MacKinnon v. National Money Mart Co., [2004] B.C.J. No. 1961, British Columbia Court of Appeal, September 24, 2004, Esson, Saunders, Low, Levine and Thackray JJ.A. The sole named Plaintiff had brought ...

The petition of a psychiatrist (“Bartman”) seeking judicial review of a decision by the British Columbia Human Rights Tribunal (the “Tribunal”) was dismissed where the court found that the conclusion of the Tribunal that Bartman had sexually harassed the Complainant was reasonable and well supported on the evidence

23. November 2004 0
Administrative law – Human rights complaints – Sexual harassment – Decisions of administrative tribunals – Human Rights Commission – Interpretation of Evidence – Judicial review – Standard of review – Reasonableness simpliciter – Patent unreasonableness Bartman v. N.T., [2004] B.C.J. No. 1896, British Columbia Supreme Court, September 16, 2004, Holmes J. The Complainant was Bartman’s medical office assistant ...

The petition of the former registrar (“Wong”) of the College of Traditional Chinese Medicine Practitioners (the “College”) was dismissed where the court found that the decision of the governing board of the College (the “Board”) dismissing Wong was reasonable and that the requirements of procedural fairness were met in the process employed by the Board

23. November 2004 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Judicial review – Procedural requirements and fairness – Compliance with legislation Wong v. College of Traditional Chinese Medicine Practitioners, [2004] B.C.J. No. 1906, British Columbia Supreme Court, September 17, 2004, Boyd J. The College is ...