A mutual fund salesperson and his company (“Gill”) appealed the decision of the British Columbia Securities Commission’s finding that Gill had contravened certain provisions of the Securities Act. The main issue before the British Columbia Court of Appeal was whether it was reasonable for the Commission to have found that the receipts, financial summaries and loan agreements issued by Gill were securities within the meaning of the term “evidence of indebtedness” contained in section 1 of the Securities Act. The British Columbia Court of Appeal dismissed the appeal, holding that the Commission’s findings were reasonable, and in accord with the purpose of the Securities Act.

27. May 2003 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Evidence – Jurisdiction British Columbia (Securities Commission) v. Gill, [2003] B.C.J. No. 587, British Columbia Court of Appeal, March 19, 2003, Rowles, Ryan and Thackray JJ.A. Gill argued that the Commission, in holding that the receipts, financial summaries and loan agreements were securities, had ...

The Police Complaint Commissioner (“PCC”), having arranged for a public hearing, retains the authority to unilaterally withdraw the complaint from the adjudicator, despite the objections of complainants. The office of the PCC was created to provide meaningful civilian oversight in police disciplinary matters. To carry out that mandate, the PCC is empowered with right to arrange a public hearing when the PCC concludes that such a hearing is in the public interest. Under the Police Act, R.S.B.C. 1996, c. 367, the PCC is the guardian of the public interest, and has the ongoing responsibility of determining whether in changing circumstances, it is still in the public interest that the hearing proceed. The consent of the adjudicator and/or complainant is not required before the notice of public hearing can be withdrawn. On a procedural issue, the Court held that the complainants, who were participants before the adjudicator, were entitled to be joined as respondents in the judicial review proceedings.

22. April 2003 0
Administrative law – Police – Disciplinary proceedings – Police Complaint Commissioner – Powers – Public hearings – Public interest test – Doctrine of incidental power – Judicial review – Procedural requirements British Columbia (Police Complaint Commissioner) v. Vancouver City Police Department, [2003] B.C.J. No. 399, British Columbia Supreme Court, February 21, 2003, Goepel J. On December ...

An inmate in a federal institution was unsuccessful on an appeal of a decision of a Supreme Court judge, dismissing an application for a writ of habeas corpus for lack of jurisdiction

25. March 2003 0
Administrative law – Prisons – Transfer of inmates – Statutory provisions – Remedies – Habeas corpus – Jurisdiction of court Hickey v. Kent Institution, [2003] B.C.J. No. 61, British Columbia Court of Appeal, January 16, 2003, Rowles, Ryan and Saunders JJ.A. The appellant, an inmate in a federal institution, made application to a judge of the Supreme ...

The defendant doctors were successful on an application for summary dismissal of the plaintiff doctor’s action for defamation with respect to letters written to the College of Physicians and Surgeons of British Columbia about the plaintiff’s medical practices

25. March 2003 0
Administrative law – Physicians and surgeons – Governance – Statutory provisions – Disciplinary proceedings – Defamation – Boards and tribunals – Absolute privilege – Qualified privilege Schut v. Magee, [2003] B.C.J. No. 102, British Columbia Supreme Court, January 20, 2003, Kirkpatrick J. The plaintiff doctor brought an action against the defendant doctors and members of the ...

Documents, specifically expert reports, created in the course of an investigation of a complaint of professional misconduct by the College of Physicians and Surgeons (the “College”) were exempt from disclosure under the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c.165 (the “Act”), because they were “advice or recommendations developed … for a public body”, and exempt pursuant to section 13 of the Act. The documents were not exempt from disclosure on the grounds they were subject to solicitor-client privilege.

25. February 2003 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Public body – Definition – Solicitor-client privilege – Boards and tribunals – Expert reports – Legal advice privilege – Litigation privilege – Physicians and surgeons – Disciplinary proceedings – Delay College of Physicians of British Columbia v. British Columbia (Information and Privacy Commissioner), [2002] B.C.J. No. 2779, ...

A tribunal with a statutory right of appearance in a review of its own decision is limited in its participation to explaining the record before it and making representations relating to jurisdiction. “Jurisdiction” in this context does not include the transgression of the authority of a tribunal by its failure to adhere to the rules of natural justice.

25. February 2003 0
Administrative law – Boards and tribunals – Jurisdiction – Right to appear in a review of its own decision – Judicial review – Application for intervenor status – Bias Eckervogt v. British Columbia (Minister of Employment and Investment), [2002] B.C.J. No.2755, British Columbia Court of Appeal, December 10, 2002, Smith J.A. The Appellant applied for compensation ...

The Commercial Appeals Commission, upholding a decision of the Real Estate Council of British Columbia, has a duty to give independent consideration to an appropriate penalty and reasons for imposing that penalty on a hearing de novo, even in the absence of a submission on penalty

25. February 2003 0
Administrative law – Real estate agents – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Commercial Appeals Commission – Hearing de novo – Duty to consider penalties Wong v. Real Estate Council of British Columbia, [2002] B.C.J. No. 2786, British Columbia Court of Appeal, December 13, 2002, Ryan, Mackenzie and Thackray JJ.A. The Real ...

A political party contesting the civic election and an elected member of the Vancouver City Council applied for judicial review of a decision of the Deputy Chief Electoral Officer for the City of Vancouver, involving what is required for a person to be able to vote in the Vancouver civic election if they are not pre-registered or on the voters list on Election Day. The court held that a liberal interpretation ought to be given to statutes that deal with exercising the right to vote. The decision of the Deputy Chief Electoral Officer was held to be wrong.

25. February 2003 0
Administrative law – Elections – Right to vote – Documentation – Decisions of administrative tribunals – Judicial review application – Standard of review – Correctness Coalition of Progressive Electors v. Vancouver (Deputy Chief Electoral Officer), [2002] B.C.J. No. 2939, British Columbia Supreme Court, November 13, 2002, Powers, J. This was an application for judicial review of a ...

Mr. Frederickson was issued a 24-hour roadside suspension for failure to provide a breath sample to an RCMP officer. He was subsequently charged with impaired driving and refusal to comply with a breath demand. On an application for review of the driving prohibition, an adjudicator confirmed the 90-day prohibition and Mr. Frederickson did not seek judicial review of the adjudicator’s decision. Mr. Frederickson sought a stay of proceedings on the refusal to provide a breath sample, based on the defence of res judicata. A Provincial Court judge granted a stay of proceedings. On appeal of that decision, it was held that the rule in Kienapple does not apply to the circumstances of this case. Accordingly, the stay of proceedings was set aside and the matter was remitted for trial.

25. February 2003 0
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Stay of proceedings – Res judicata – Kienapple rule R. v. Frederickson, [2002] B.C.J. No. 2895, British Columbia Supreme Court, December 23, 2002, Ross J. This was an appeal from a decision of a Provincial Court judge to enter ...

The Petitioner, a School Board, succeeded in its application to quash a decision of a BC Human Rights Tribunal, allowing a student’s complaint of discrimination against it

25. February 2003 0
Administrative law – Schools – Human rights complaints – Discrimination – Sexual orientation – Judicial review – Standard of review – Correctness North Vancouver School District No. 44 v. Jubran, [2003] B.C.J. No. 10, British Columbia Supreme Court, January 2, 2003, Stewart, J. Jubran, a high school student, filed a complaint of discrimination against School District No. ...