Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard

15. March 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Legislative compliance – Appeals – Standard of review – Reasonableness – Municipalities – Building permits – Bylaws – Planning and zoning G.S.R. Capital Group Inc. v. White Rock (City), [2022] B.C.J. No. 180, 2022 BCCA 46, British Columbia Court of Appeal, February 4, ...

Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable

15. March 2022 0
Administrative law – Decisions reviewed – Public Sector Integrity Commissioner – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Gordillo v. Canada (Attorney General), [2022] F.C.J. No. 137, 2022 FCA 23, Federal Court of Appeal, February 9, 2022, W.W. Webb, J.B. Laskin and M. Rivoalen JJ.A. ...

The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof

22. February 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...

Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias

25. January 2022 0
Administrative law – Decisions reviewed – Election commissioner – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Bias Rebel News Network Ltd. v. Alberta (Election Commissioner), [2021] A.J. No. 1541, 2021 ABCA 376, Alberta Court of Appeal, November 19, 2021, F.L. Schutz, M.G. Crighton and J. Strekaf JJ.A. This ...

Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner

25. January 2022 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Remedies – Certiorari – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming Sandhu v. British Columbia (Police Complaint Commissioner), [2021] B.C.J. No. 2688, 2021 BCSC 2424, British Columbia ...

Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license

21. December 2021 0
Administrative law – Decisions reviewed – Minister of Health – Permits and licences – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Canada RNA Biochemical Inc. v. Canada (Minister of Health), [2021] F.C.J. No. 1826, 2021 FCA 213, Federal Court of Appeal, November 2, 2021, D.J. Rennie, J.B. ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness

16. November 2021 0
Administrative law – Decisions reviewed – University Appeal Board – University Committees – Jurisdiction – Suspension – Plagiarism – Judicial review – Appeals – Procedural requirements and fairness – Universities – Student discipline Akpan v. University of Saskatchewan Council, [2021] S.J. No. 407, 2021 SKCA 129, Saskatchewan Court of Appeal, September 29, 2021, P.A. Whitmore, ...

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, ...