Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch

19. October 2021 0
Administrative law – Decisions reviewed – Residential Tenancy office – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness Shahcheraghi v. Divangahi, [2021] B.C.J. No. 1760, 2021 BCSC 1576, British Columbia Supreme Court, August 13, 2021, K. Horsman J. The landlord/petitioner sought a ...

It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis

20. July 2021 0
Administrative law – Decisions reviewed – Hospital Appeal Board – Judicial review – Standard of review – Patent unreasonableness – Physicians – Hospital privileges Provincial Health Services Authority v. Campbell, [2021] B.C.J. No. 943, 2021 BCSC 823, British Columbia Supreme Court, April 30, 2021, N.P. Kent J. The petitioner, the Provincial Health Services Authority, is ...

It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation

20. July 2021 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Barristers and solicitors – Professional misconduct or conduct unbecoming Lawyer v. Law Society of British Columbia, [2021] B.C.J. No. 1050, 2021 BCSC 914, British Columbia Supreme Court, May 13, 2021, A. Majawa J. In October 2019, the vice-chair of ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

18. May 2021 0
Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied

18. May 2021 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Standard of review – Reasonableness – Remedies – Mandamus – Barristers and solicitors – Professional misconduct – Fees Party A v. Law Society of British Columbia, [2021] B.C.J. No. 600, 2021 BCCA 130, British Columbia Court of Appeal, March 29, 2021, ...

Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression

20. April 2021 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons – Health authorities Beaudoin v. British Columbia, [2021] B.C.J. No. 551, ...

Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...