The appellant appealed a Chambers Judge’s decision denying her application for judicial review, on the ground that the Chambers Judge refused to adjourn the judicial review application in order for her to obtain a transcript of the hearing before the Human Rights Tribunal. The appeal was dismissed. In fact, no application to adjourn was made to the judge. The judge made a finding of fact that the appellant was advised that she could order a transcript and was told how, but she had not done so. Because a transcript of the Tribunal hearing could be obtained, filing an affidavit setting out the alleged procedural fairness issues was unnecessary and inadmissible. In any event, the judge was satisfied based on the Tribunal’s written reasons that the allegations that the hearing had been unfair were unsustainable and having a transcript would not alter the result of the proceedings before him. There was no error of principle.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Hearings – Fairness – Appeals – Practice and procedure – Adjournment – Judicial review – Procedural requirements and fairness – Evidence Caster v. Walter F. Evans (1973) Ltd., [2013] B.C.J. No. 2741, 2013 BCCA 529, British Columbia ...

A lawyer (“Igbinosun”) was successful in his appeal of a decision of the Hearing Panel of the Law Society of Upper Canada (the “LSUC”) where the Court found that the Hearing Panel failed to act judiciously in refusing Igbinosun’s request for an adjournment of the Hearing.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Public interest – Hearings – Conduct of hearings – Adjournment – Judicial review – Procedural fairness – Natural justice – Standard of review – Reasonableness simpliciter – ...

The appeal by the Superintendent of Motor Vehicles from an order quashing a decision confirming Bahia’s prohibition was allowed where the Court held that the failure of the Superintendent to provide legible copies of certain documents to Bahia was not fatal to the administrative process involved in issuing a driver’s prohibition

23. January 2007 0
Administrative law – Judicial review application – Practice and procedure – Adjournment – Motor vehicles – Breathalyser test – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Failure to produce records Bahia v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 2948, British Columbia Court of Appeal, November 16, 2006, Southin, Rowles ...

A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Landlord and tenant – Conduct of tenant – By-laws – Practice and procedure – Administrative tribunals – Adjournment – Failure to provide reasons – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Natural justice – Remedies – Alternative remedies Markwart v. Prince Albert (City), ...