Relief from forfeiture under Law and Equity Act does not apply to statutory forfeiture under Residential Tenancy Act

18. June 2019 0
Administrative law – Landlord and tenant – Leases – Remedies – Relief from forfeiture – Judicial review – Appeals – Compliance with legislation Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, 2019 BCCA 105, British Columbia Court of Appeal, April 2, 2019, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A. In 2017, the landlord ...

If an appellant files an application for leave to appeal within the prescribed timelines and leave is not required, the merits of the claim must not affect the judge’s decision to convert the notice of application for leave to appeal to a notice of appeal

21. May 2019 0
Administrative law – Judicial review – Appeals – Discretion of delegated authority Gonzalez v. British Columbia (Attorney General), [2019] B.C.J. No. 339, 2019 BCCA 88, British Columbia Court of Appeal, March 8, 2019, Sanders, Bennett and Willcock JJ.A. The appellant Gonzalez filed an application for review of a Court of Appeal chambers order. In 2014, ...

The Court quashed an Information and Privacy Commissioner adjudicator’s decision that the College of Physicians and Surgeons was required to produce information related to a quality assurance program at the subject physician’s request

21. May 2019 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Physicians and surgeons British Columbia (College of Physicians and Surgeons) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. ...

The Appellant, Envirocon Environmental Services ULC, successfully appealed a Chambers decision. The Chambers Judge had refused to interfere with the Tribunal’s application of the legal test for indirect or adverse effect discrimination. The Court of Appeal held the Tribunal’s decision was patently unreasonable.

16. April 2019 0
Administrative law – Decisions reviewed – Human rights tribunal – Discrimination – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Employment – Termination of employment Envirocon Environmental Services ULC v. Suen, [2019] B.C.J. No. 146, 2019 BCCA 46, British Columbia Court of Appeal, February 5, 2019, S.D. Frankel, S. Stromberg-Stein ...

Procedural fairness is reviewed on a standard of correctness

19. March 2019 0
Administrative law – Decisions reviewed – Municipal Councillor – Judicial review – Appeals – Natural justice – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Murray Purcha & Son Ltd. v. Barriere (District), [2019] B.C.J. No. 2, 2019 BCCA 4, British Columbia Court of Appeal, January 3, 2019, S. Stromberg-Stein, J.E.D. Savage and J.J.L. Hunter ...

On judicial review, a B.C. Court held that the District’s decision not to grant business licenses for short-term rentals accords with the relevant business license and zoning bylaws.

19. February 2019 0
Administrative law – Decisions reviewed – Municipal councils – Municipalities – By-laws – Planning and zoning – Permits and licences – Judicial review — Compliance with legislation Mailloux v. Tofino (District), [2018] BCJ No 6987, 2018 BCSC 2298, British Columbia Supreme Court, December 24, 2018, LA Loo J The petitioners were townhouse owners in Tofino ...

The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...

The petitioner hospital was unsuccessful on judicial review in setting aside the decision of the Human Rights Tribunal to not summarily dismiss a human rights complaint as having no reasonable prospect of success under section 27(1) of the Human Rights Code. The complaint was for alleged discrimination by the hospital on the grounds of mental and physical disability in relation to the provision of services. The court found that the complaint had some prospect of success and that the Tribunal’s decision was not patently unreasonable. The court rejected the argument that the Tribunal was not in a position to second-guess the exercise of professional medical judgment by the hospital staff in the provision of services, absent discrimination.

19. February 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Disability – Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Practice and procedure – Summary proceedings Hospital v. J.R. (Litigation guardian of), [2018] B.C.J. No. 3731, 2018 BCSC 2079, British Columbia Supreme Court, November 26, 2018, L.W. Bernard J. ...

Agricultural Land Commission’s interpretation of legislation was unreasonable

15. January 2019 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Municipalities – Planning and zoning – Judicial review – Compliance with legislation – Standard of review – Reasonableness Guse v. Provincial Agricultural Land Commission, [2018] B.C.J. No. 3624, 2018 BCSC 1983, British Columbia Supreme Court, November 9, 2018, R.J. Sewell J. The Agricultural Land Commission ...

Seven-year delay in disciplinary process constitutes abuse of process

16. November 2018 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Police – Disciplinary proceedings – Public hearings Diaz-Rodriguez v. British Columbia (Police Complaints Commissioner), [2018] B.C.J. No. 3290, 2018 BCSC 1642, British Columbia Supreme Court, September 27, 2018, J.S. Harvey J. The petitioner, Constable Diaz-Rodriguez, was a member ...