Administrative law – Municipalities – Planning and zoning – Change of by-laws – Appeals – Judicial review – Public hearings – Procedural requirements and fairness – Disclosure Hubbard v. West Vancouver (District), [2003] B.C.J. No. 2546, British Columbia Supreme Court, October 28, 2003, Stromberg-Stein J. The court held that there was a breach of procedural fairness ...
Administrative law – Labour law – Arbitration – Collective agreements – Jurisdiction of labour arbitrator to hear human rights complaints – Human rights complaints – Discrimination – Judicial review – Jurisdiction – Standard of review – Correctness Canpar Industries v. International Union of Operating Engineers, Local 115, [2003] B.C.J. No. 2577, British Columbia Court of Appeal, November ...
Administrative law – Judicial review – Natural resources – Mining leases – Gold Commissioner – Jurisdiction – Powers under legislation – Procedural fairness – Natural justice Klippert v. British Columbia (Gold Commissioner), [2003] B.C.J. No. 2186, British Columbia Court of Appeal, September 23, 2003, Newbury, Huddard and Saunders JJ.A. Klippert had acquired various leases of land ...
Administrative law – Human rights complaints – Discrimination – Race – Judicial review – Decisions of administrative tribunals – Human Rights Tribunal – Investigative bodies – Evidenciary issues Lee v. British Columbia (Attorney General), [2003] B.C.J. No. 2200, British Columbia Supreme Court, September 22, 2003, Ross J. Lee had been employed as an engineer with BC ...
Administrative law – Stock brokers – Disciplinary proceedings – Governance – Penalties – Suspensions – Judicial review application – Privative clauses – Compliance with legislation – Remedies – Self-governing professions – Charter of Rights – Discrimination – Validity of legislation Smolensky v. British Columbia (Securities Commission), [2003] B.C.J. No. 1805, British Columbia Supreme Court, July 29, 2003, ...
Administrative law – Landlord and tenant – Leases – Termination – Evidence – Damages – Arbitration and award – Judicial review application – Standard of review – Patent unreasonableness Covey v. St. Denis, [2003] B.C.J. No. 1795, British Columbia Supreme Court, July 22, 2003, Melnick J. Covey had rented his house to Tyrone and Rosemarie St. Denis ...
Administrative law – Motor vehicles – Refusal of breathalyzer test – Suspension of driver’s licence – Adjudication – Evidence – Judicial review – Standard of review – Patent unreasonableness Hewitt v. British Columbia (Superintendent of Motor Vehicles), [2003] B.C.J. No. 1877, British Columbia Supreme Court, May 9, 2003, Williamson J. The Petitioner sought a judicial review of ...
Administrative law – Human rights complaints – Discrimination – Wage disparity – Gender – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Reasonableness Reid v. Vancouver (City), [2003] B.C.J. No. 2043, British Columbia Supreme Court, September 3, 2003, Garson J. Section 12 of the Human Rights Code, R.S.B.C. 1996, ...
Administrative law – Environmental issues – Forest practices – Precautionary principle – Wildlife habitat – Spotted Owl – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Western Canada Wilderness Committee v. British Columbia (Ministry of Forestry, South Island Forest District), [2003] B.C.J. No. 1581, British Columbia Court of Appeal, July 8, ...
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Remedies – Declaratory relief – Human rights complaints – Discrimination – Sexual orientation – Gender – Parent – definition – Judicial review – Standard of review – Correctness British Columbia (Minister of Health Planning) v. British Columbia (Human Rights Tribunal), [2003] B.C.J. No. 17552, British ...