In reviewing the lower court’s decision, the Court of Appeal concluded that no injustice occurred as a result of the Information and Privacy Commissioner’s decision not to formally invite the Guide Outfitters Association to participate in a written inquiry concerning the production of records relating to the location of grizzly bear kills

22. June 2004 0
Administrative law – Decisions of administrative tribunals – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Judicial review – Application to participate in hearing – Natural justice – Standard of review – Reasonableness simpliciter British Columbia (Minister of Water, Land and Air Protection) v. British Columbia (Information and Privacy Commissioner), [2004] ...

A teacher (“Mr. G”) successfully applied to have anonymous monikers used with respect to his proposed appeal of a decision by the Hearing Sub-Committee (the “Panel”) of the British Columbia College of Teachers (“College”) which laid out his admissions and the penalty of a reprimand

22. June 2004 0
Mr. G v. British Columbia College of Teachers, [2004] B.C.J. No. 944, British Columbia Supreme Court, May 7, 2004, Burnyeat J. Mr. G applied for leave to commence an appeal of the College decision by identifying himself only as “Mr. G”, with his children and the primary complainant also being identified only by initials. Mr. ...

The Architectural Institute of British Columbia (“AIBC”) was unsuccessful on an application for judicial review of the adjudication of a Freedom of Information and Protection of Privacy Act request for various employment contracts of executives with AIBC, made by a former employee of AIBC (“Redenbach”)

25. May 2004 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Adjudication – Judicial review – Standard of review – Reasonableness simpliciter Architectural Institute of British Columbia v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. No. 465, British Columbia Supreme Court, February 18, 2004, Metzger J. Redenbach requested various information from AIBC, some of ...

The appeal by a notary public (“Bailey”) of the penalty imposed by the Board of Directors of the Society of Notaries was dismissed. The court held that the decision to impose a fine and a suspension on a third complaint arising from a breach of an undertaking was not unreasonable.

25. May 2004 0
Administrative law – Notaries – Disciplinary proceedings – Penalties – Suspensions – Decisions of administrative tribunals – Society of Notaries – Judicial review – Standard of review – Reasonableness simpliciter Bailey v. Society of Notaries Public of British Columbia, [2004] B.C.J. No. 626, British Columbia Supreme Court, February 27, 2004, Brown J. On December 27, 2002, the ...

A pensioner (“McLean”) sought judicial review of decisions made by employees of the Ministry of Human Resources (the “Ministry”) regarding McLean’s entitlement to benefits. The application was dismissed as the court found it was brought prematurely, where McLean had failed to pursue the remedies available to him under the legislation at issue.

27. April 2004 0
Administrative law – Judicial review application – Premature – Jurisdiction of court – Compliance with legislation – Remedies – Alternative remedies – Decisions of administrative tribunals – Ministerial orders McLean v. British Columbia (Minister of Human Resources), [2004] B.C.J. No. 428, British Columbia Supreme Court, March 5, 2004, Gerow J. McLean submitted to the court that he had ...

A teacher (“Mitchell”) was successful in her appeal from a decision of the Council of the British Columbia College of Teachers (the “College”) cancelling her certificate of qualification and terminating her membership in the College. The court found that the College failed to give any analysis or consideration to many mitigating factors specific to this case resulting in an unreasonable decision with respect to penalty.

27. April 2004 0
Administrative law – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties – Public interest – Decisions of administrative tribunals – College of Teachers – Evidenciary issues – Judicial review – Standard of review – Reasonableness simpliciter Mitchell v. British Columbia College of Teachers, [2003] B.C.J. No. 3056, British Columbia Supreme Court. October 27, ...

The appellant teacher unsuccessfully appealed a decision of the Hearing Panel of the disciplinary committee of the British Columbia College of Teachers (“BCCT”) finding him guilty of conduct unbecoming on the grounds that he made discriminatory and derogatory statements against homosexuals in a number of published writings. The appellant also unsuccessfully appealed the penalty of the one-month suspension of his teaching certificate.

23. March 2004 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Failure to provide adequate reasons – Standard of review – Reasonableness simpliciter – Charter of Rights – Freedom of expression Kempling v. British Columbia College ...

A worker (“Jones”) successfully sought re-hearing of his petition for judicial review of a Workers’ Compensation Board (the “Board”) decision which had denied him a loss of earnings pension. Jones alleged that the reviewing judge wrongly exercised his discretion in refusing a remedy in the nature of certiorari and that the decision was wrong on its merits

27. January 2004 0
Administrative law – Workers compensation – Loss of earnings pension – Judicial review – Evidence – Jurisdiction – Remedies – Certiorari Jones v. British Columbia (Workers’ Compensation Board), [2003] B.C.J. No. 2556, British Columbia Court of Appeal, November 7, 2003, Esson, Donald and Smith JJ.A. Jones initially sought compensation for a work-related injury to his lower back ...

Ultimate Shiatsu’s petition seeking to quash the City of Coquitlam’s decision to refuse it a business licence was dismissed. The City’s petition seeking a declaration that Ultimate Shiatsu was in breach of the City’s Trades Licensing Bylaw No. 49, 1972, as amended, was allowed.

27. January 2004 0
Administrative law – Permits and licences – Compliance with legislation – Renewal of business licence – Illegal activities – Judicial review – Administrative decisions – Municipal councils – Hearsay evidence – Jurisdiction – Standard of review – Patent unreasonableness Coquitlam (City) v. 517011 B.C. Ltd. (c.o.b. Ultimate Shiatsu), [2003] B.C.J. No. 2682, British Columbia Supreme Court, ...

The appeal by the B.C. Housing Commission (the “Commission”) of a decision of the Supreme Court reversing an arbitrator’s decision allowing the termination of Schubach’s tenancy was dismissed. The Court of Appeal held that a landlord of a complex of residential buildings was not entitled to terminate the tenancy of a tenant in one of the buildings because of acts committed in another of the buildings by a person that the tenant “permitted in or on the residential property or residential premises”.

27. January 2004 0
Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Conduct of tenant – Residential premises – Definition – Residential property – Decisions of administrative tribunals – Housing Commission – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Schubach v. British Columbia (Housing Management Commission), [2003] B.C.J. No. 2664, British Columbia Court ...