Denied again – BC Court of Appeal dismisses second appeal from CRT decision

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Appeals Downing v. Strata Plan VR2356, [2023] B.C.J. No. 357, 2023 BCCA 100, British Columbia Court of Appeal, March 1, 2023, P.M. Willcock, J. DeWitt-Van ...

Exceptional circumstances required for court to intervene in administration proceeding before it is completed

18. April 2023 0
Administrative law – Judicial review – Judicial intervention – Appeals – Barristers and solicitors – Professional misconduct Hemminger v. Law Society of British Columbia, [2023] B.C.J. No. 120, 2023 BCCA 36, British Columbia Court of Appeal, January 25, 2023, M.V. Newbury, J.J.L. Hunter, P.G. Voith JJ.A. The Law Society commenced discipline proceedings against Ms. Hemminger, ...

Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable

21. March 2023 0
Administrative law – Decisions reviewed – Ministry of Environment – Reporting requirements – Judicial review – Legislative compliance – Standard of review – Reasonableness – Environmental matters Sierra Club of British Columbia Foundation v. British Columbia (Minister of Environment and Climate Change Strategy), [2023] B.C.J. No.80, 2023 BCSC 74, British Columbia Supreme Court, January 17, ...

The Province does not need to prove fire control efforts were necessary or effective to recover such costs under the Wildfire Act

21. March 2023 0
Administrative law – Decisions reviewed – Forest Appeals Commission – Judicial review – Legislative compliance – Costs – Environmental matters – Forest practices Canadian National Railway Co. v. British Columbia, [2022] B.C.J. No. 2510, 2022 BCSC 2263, British Columbia Supreme Court, December 28, 2022, N. Sharma J. On June 11, 2015, a wildfire was sparked ...

BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm

21. February 2023 0
Administrative law – Decisions reviewed – Municipal boards – Planning and zoning – Intervenor status – Judicial review – Procedural requirements and fairness – Delay – Failure to provide reasons – Standard of review – Correctness – Unreasonableness Beedie (Keefer Street) Holdings Ltd. v. Vancouver (City), [2022] B.C.J. No. 2392, 2022 BCSC 2150, British Columbia ...

Make sure there is a connecting theme between events, before trying to argue the last in the series of events extends a filing deadline, or you might be disappointed

21. February 2023 0
Administrative law – Decisions reviewed – Human Rights tribunal – Discrimination – Judicial review – Extension of time – Delay – Standard of review – Reasonableness Chen v. Western University, [2022] O.J. No. 5315, 2022 ONSC 6698, Ontario Superior Court of Justice, December 2, 2022, K.E. Swinton, T.R. Lederer and S. Nishikawa JJ. The applicant, ...

Judicial Review of Business Licensing Decision

17. January 2023 0
Administrative law – Decisions reviewed – Municipal boards – Appeals – Renewal of business licence – By-laws – Judicial review – Procedural requirements and fairness – Failure to provide reasons Paradise Night Club v. Leamington (Municipality), [2022] O.J. No. 4787, 2022 ONSC 6118, Ontario Superior Court of Justice, November 1, 2022, Backhouse J. The applicant ...

Court of Appeal finds gathering & events public health orders justified under Charter

17. January 2023 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness – Correctness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons Beaudoin v. British Columbia, [2022] B.C.J. No. ...

University Held to Task on Procedural Fairness

17. January 2023 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Nurses – Penalties Ford v. University of Ottawa, [2022] O.J. No. 5381, 2022 ONSC 6828, Ontario Superior Court of Justice, December 7, 2022, K.E. Swinton, J.A. Ramsay and J. Leiper JJ. Mr. Ford, a University of Ottawa ...

Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted

20. December 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Publication ban – Judicial review – Standing – Investigations – Physicians and surgeons – Suspensions Kilian V. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 4890, 2022 ONSC 5931, Ontario Superior Court of Justice, November 7, 2022, K.E. Swinton, T.R. Lederer ...