The Appellant, Downtown Vancouver Business Improvement Association (the “Association”), successfully appealed a decision from a Chambers Judge in the Supreme Court of BC. The Chambers Judge had granted an application for judicial review made by the Respondent, Vancouver Area Network of Drug Users (the “Network”), in relation to a BC Human Rights Tribunal decision. In the result, the BC Court of Appeal reinstated the earlier decision of the BC Human Rights Tribunal, which had dismissed the Network’s complaint against the Association.

19. June 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Race – Judicial review – Appeals – Standard of review – Correctness – Reasonableness Vancouver Area Network of Drug Users v. British Columbia (Human Rights Tribunal), [2018] B.C.J. No. 644, 2018 BCCA 132, British Columbia Court of Appeal, April 11, 2018, H. Groberman, ...

When faced with a multi-pronged test, a tribunal must not rely on a broad-brush approach, but must engage in a thorough analysis of the entire test, reviewing all the evidence before it

15. May 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Disclosure of records – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness Plenary Group (Canada) Ltd. v. British Columbia (Minister of Technology, Innovation and Citizens’ Services), [2018] B.C.J. No. 506, 2018 BCSC 444, British Columbia Supreme Court, March 20, 2018, D.W. ...

Where there is evidence before the decision-maker to support his decision, the court ought not itself consider the scientific and technical evidence

15. May 2018 0
Administrative law – Decisions reviewed – Minister – Approval process – Environmental matters – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Sorflaten v. Nova Scotia (Minister of Environment), [2018] N.S.J. No. 91, 2018 NSSC 55, Nova Scotia Supreme Court, March 20, 2018, J.L. Chipman J. The applicants sought ...

Paramedic found to be in the course of his employment when injured on his day off while assisting on-duty paramedics with a fellow music festival attendee who had collapsed

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...

The Nova Scotia Court of Appeal found the WCB’s decision that the injured worker’s medical marijuana did not qualify for medical aid under its policy was reasonable, and that the policy itself requiring qualifying medical aid treatment to be consistent with Canadian healthcare standards was intra vires and consistent with the Workers Compensation Act

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...

The BC Court of Appeal found the City of Vancouver’s bylaw authorizing its director of planning to relax zoning bylaw provisions for development proposals that include low cost housing to be valid

15. May 2018 0
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...

Appeal from costs orders following dismissal of discipline proceedings

17. April 2018 0
Administrative law – Decisions reviewed – Law Societies – Jurisdiction – Right to award costs – Judicial review – Appeals – Barristers and solicitors – Professional misconduct O’Toole v. Law Society of New Brunswick, [2017] N.B.J. No. 342, 2017 NBCA 56, New Brunswick Court of Appeal, February 15, 2018, J.E. Drapeau C.J.N.B., M.E.L. Larlee, B.V. ...

The appellant high school teacher appealed a finding of professional misconduct made against him, and the resulting penalty, arising from interactions that he had with students and health unit staff at a school immunization clinic; court dismissed the appeal and affirmed the misconduct finding and penalty

17. April 2018 0
Administrative law – Decisions reviewed – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Judicial review – Standard of review – Reasonableness Sullivan v. Ontario College of Teachers, [2018] O.J. No. 705, 2018 ONSC 942, Ontario Superior Court of Justice, February 7, 2018, W.M. ...