A driver’s judicial review of a decision that he was out of time to review a 24-hour driving prohibition was dismissed

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Adjudication – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter MacNeil v. British Columbia (Superintendent of Motor Vehicles), [2012] B.C.J. No. 1795, 2012 ...

The Human Rights Tribunal of Ontario (the “Adjudicator”) found that a police constable, Michael Shaw, (“Shaw”) discriminated against a Canada Post carrier, Ronald Phipps (“Phipps”) contrary to the Human Rights Code, RSO 1990 c.19 (the “Code”). Shaw’s appeal from the judicial review upholding the Adjudicator’s decision was dismissed.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Adjudication – Human rights complaints – Discrimination – Race – Police officers – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Phipps, [2012] OJ 2601, 2012 ONCA 155, Ontario Court of ...

The Federal Court of Appeal upheld a judicial review decision that set aside an adjudicator’s decision ordering the appellant’s reinstatement to his employment with the Correctional Service of Canada. While the reviewing court had erred in applying a standard of review of correctness to the adjudicator’s decision, the adjudicator’s decision was nonetheless unreasonable, in that he failed to properly apply the employer’s standards to the appellant’s conduct. Additionally, the adjudicator erred in his application of the arbitral jurisprudence in his characterization of the seriousness of the appellant’s offence, and by employing an empirical approach in determining whether the grievor’s conduct discredited the CSC.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Termination of employment – Code of discipline – Off-duty conduct – Judicial review – Adjudication – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Tobin v. Canada (Attorney General), [2009] F.C.J. No. 968, Federal Court ...

The application by a tenant (“Ganitano”) for judicial review of a decision and Order of a residential tenancy dispute resolution officer dismissing Ganitano’s application to dispute a 10-day notice and one-month notice to end tenancy was allowed where the Court found there were a number of procedurally significant problems in the Hearing which infringed Ganitano’s right to be heard on the application

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Adjudication – Landlord and tenant – Residential tenancy agreements – Termination – Hearings – Conduct of hearings – Failure to provide transcript of hearing – Judicial review – Procedural requirements and fairness – Limitations Ganitano v. Metro Vancouver Housing Corp., [2009] B.C.J. No. ...

The application by the Victoria Social Club Ltd. (“The Social Club”) for judicial review of a decision of an adjudicator delegated by the general manager of the Liquor Control and Licensing Branch was dismissed where the Court found that the adjudicator’s decision that there had been a contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267 was reasonable

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Suspensions – Adjudication – Interpretation of Evidence – Previous complaints Victoria Social Club Ltd. (c.o.b. The Social Club) v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2009] B.C.J. No. 373, British Columbia Supreme Court, March 2, 2009, ...

The Petitioner sought judicial review of a decision of an Adjudicator of the Superintendent of Motor Vehicles confirming an administrative driving prohibition. The BCSC held that the standard of review was patent unreasonableness. The Court concluded that the Adjudicator’s decision was patently unreasonable and remitted the matter to re-hearing.

27. February 2007 0
Administrative law – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Conduct of hearings – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Standard of review – Patent unreasonableness Swanson v. British Columbia (Superintendent of Motor Vehicles), ...

This was an application pursuant to the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241 by the Petitioner for an order of certiorari quashing the decision of an Adjudicator acting under section 94.5 of the Motor Vehicle Act, R.S.B.C. 1996, c.318 (“MVA”). The Adjudicator’s decision confirmed an administrative driving prohibition imposed on the Petitioner by a police officer. The Court held that the applicable standard of review with respect to the decision of the Adjudicator, based upon a finding of fact, is patent unreasonableness. The Court held that the Adjudicator’s decision was not patently unreasonable and dismissed the application for judicial review.

27. February 2007 0
Administrative law – Motor vehicles – Breathalyser test – Adjudication – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Judicial review – Evidence – Admissibility – Standard of review – Patent unreasonableness LeBlanc v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 3237, British Columbia Supreme Court, December 14, 2006, Bruce J. A police officer ...

The Petitioner sought judicial review of a decision of an adjudicator with the Liquor Control and Licensing Branch who had imposed a four-day suspension of the Petitioner’s liquor licence for supplying liquor to a minor. The Court dismissed the petition and held that the Adjudicator had properly exercised the discretion open to him and his decision was not unreasonable.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Penalties and Suspensions – Judicial review – Adjudication – Evidence – Standard of review – Patent unreasonableness – Reasonableness simpliciter Butterworth Holdings Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2007] B.C.J. No. 10, British Columbia Supreme ...

The application by Painter to quash an adjudicator’s decision concluding that Painter had care and control of a motor vehicle while his blood alcohol level was over .08 was allowed where the Court found that the adjudicator breached the rules of natural justice when she used her own knowledge and understanding to form conclusions without giving Painter an opportunity to address these matters by putting forward evidence or by way of submissions

26. September 2006 0
Administrative law – Motor vehicles – Adjudication – Breathalyzer test – Evidence – Suspension of driver’s licence – Judicial review – Natural justice – Procedural requirements and fairness Painter v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 1545, British Columbia Supreme Court, July 11, 2006, Gill J. Painter brought an application to quash an ...

The Court held that the Complainant had no standing to appeal the decision of an adjudicator appointed by the Police Complaints Commissioner to conduct a public hearing into the conduct of a police officer relating to the death of the Complainant’s brother

27. June 2006 0
Administrative law – Police – Police Complaint Commissioner – Adjudication – Procedural fairness – Public hearings – Conduct of hearings – Rules of evidence – Judicial review – Appeals – Parties – Standing – Compliance with legislation Berg v. British Columbia (Police Complaint Commissioner), [2006] B.C.J. No. 1027, British Columbia Court of Appeal, May 9, 2006, Finch ...