Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Fairness – Evidence – Sentencing – Judicial review – Appeal process – Scope of appeal M.M. v. College of Physicians and Surgeons of British Columbia, [2002] B.C.J. No. 2833, British Columbia Supreme Court, November 4, 2002, Bauman J. M.M., a medical doctor, ...
Administrative law – Employment standards – Termination of employment – Just cause – Decisions of administrative tribunals – Issue estoppel – Discretion of court Fuggle v. Airgas Canada Inc., [2002] B.C.J. No. 2800, British Columbia Supreme Court, December 11, 2002, Burnyeat J. Airgas Canada Inc. applied to the court pursuant to Rule 18A for an order ...
Administrative law – Judicial review application – Breach of procedural fairness – Motor vehicles – Suspension of driver’s licence – Adjudication – Right to cross-examine arresting officer Cromie v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2552, British Columbia Supreme Court, October 4, 2002, Melnick J. On April 6, 2002, Ms. Cromie was pulled ...
Administrative law – Permits and licences – Compliance with legislation – Judicial review – Compliance with legislation – Remedies – Injunctions British Columbia (Chicken Marketing Board) v. Reid, [2002] B.C.J. No. 2403, British Columbia Supreme Court, October 24, 2002, C.L. Smith J. The Petitioner Chicken Board is one of a number of marketing boards established for various ...
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Adjudication – Judicial review application – Standard of review – Not patently unreasonable Helgesen v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2238, British Columbia Supreme Court, October 3, 2002, Macaulay J. Mr. Helgesen was driving a motor ...
Administrative law – Human rights complaints – Disability – Evidence – Duty to accommodate – Occupational requirement Oak Bay Marina Ltd. (c.o.b. Painter’s Lodge) v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 2029, British Columbia Court of Appeal, September 10, 2002, Newbury, Hall and Saunders JJ.A. A fishing guide with a bipolar affective disorder ...
Administrative law – Human rights complaints – Jurisdiction – Procedural fairness – Judicial review – Standard of review – Patent unreasonableness Maple Grove Apartments Ltd. v. Dixon, [2002] B.C.J. No. 1722, British Columbia Supreme Court, July 22, 2002, Garson J. This matter involved a review of a decision of the British Columbia Human Rights Commissioner of ...
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Powers – Jurisdiction – Qualified privilege Hung v. Gardiner, [2002] B.C.J. No. 1918, British Columbia Supreme Court, August 21, 2002, Joyce J. Following an investigation of the Plaintiff’s supervising chartered accountant, the Professional Conduct Enquiry Committee (“PCEC”) of the Institute of Chartered Accountants of British ...
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Stay of suspension Pierce v. Law Society of British Columbia, [2002] B.C.J. No. 2008, British Columbia Court of Appeal, September 5, 2002, Donald J.A. On September 16, 2002, the Law Society issued a citation alleging professional misconduct and conduct unbecoming a ...
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Jurisdiction – Powers – Abuse of public office Walman v. Certified General Accountants Assn. of British Columbia, [2002] B.C.J. No. 1560, British Columbia Supreme Court, July 8, 2002, Curtis J. Walman was an accountant who became the subject of disciplinary proceedings brought by the Certified General ...