The petitioning companies successfully applied for judicial review of a decision of the Board of Variance allowing a third-party appeal of a decision to approve development permit applications where the Court held that the legislation did not create a general right of appeal for third parties to challenge the decision of the Director of Planning

28. November 2006 0
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Board of Variance – Third parties – Appeals – review – Compliance with legislation Richard Niebuhr Enterprises Ltd. (c.o.b. Niebuhr Constructions) v. Vancouver (City) Board of Variance, [2006] B.C.J. No. 2144, British Columbia Supreme Court, September 21, 2006, Goepel J. The petitioning companies ...

The Appellant, Mr. Foster, sought judicial review of a Transportation Safety Board (“Board”) decision, which upheld a three month administrative license suspension made because Mr. Foster was allegedly driving while exceeding the legal alcohol limit. The Court of Appeal dismissed the appeal. The appropriate standard of review of the Board’s decision was reasonableness.

28. November 2006 0
Administrative law – Motor vehicles – Suspension of driver’s licence – Decisions of administrative tribunals – Transportation Safety Board – Judicial review – Jurisdiction of tribunal – Appeals – Standard of review – Reasonableness simpliciter Foster v. Alberta (Transportation and Safety Board), [2006] A.J. No. 1263, Alberta Court of Appeal, October 12, 2006, Ritter, Hunt and Berger ...

Jazz Air applied for judicial review in respect of a series of acts and decisions of the Toronto Port Authority alleging that the Port Authority acted in excess of its statutory jurisdiction by restricting Jazz Air’s access to and use of the Toronto City Centre Airport, including denying access for space for passenger facilities and discouraging or precluding fair, reasonable and competitive access by airline users of the Toronto City Airport

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Port Authority – Landlord and tenant – Leases – Judicial review application – Appeals – Appeal process – Jurisdiction Jazz Air LP v. Toronto Port Authority, [2006] F.C.J. No. 1155, Federal Court, July 20, 2006, Rouleau D.J. More than 16 years ago, the Toronto Port Authority granted a long-term ...

Geronazzo’s application for judicial review of the dismissal of his application for an extension of the 90-day limit to apply for a review of a Workers’ Compensation Board (the “Board”) decision rejecting his claim for benefits was allowed where the Court held that the decision that Geronazzo had failed to show that he intended to appeal during the period was patently unreasonable

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Limitations – Extension of time Geronazzo v. British Columbia (Workers’ Compensation Board), [2006] B.C.J. No. 1647, British Columbia Supreme Court, July 13, 2006, Rogers J. Geronazzo’s claim for Workers’ Compensation benefits due to a back injury was ...

The Appellant energy board appealed from an order of the Divisional Court setting aside the Board’s order on an application for a rate increase brought by the Respondent gas distributor. The Court allowed the appeal, finding that the Board had properly applied the “prudence” inquiry which was required on an application for a rate increase.

27. June 2006 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Rate increases – Prudence inquiry – Judicial review – Appeals Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2006] O.J. No. 1355, Ontario Court of Appeal, April 7, 2006, D.H. Doherty, M.J. Moldaver and E.E. Gillese JJ.A. The Ontario Energy Board appealed an ...

The Chief of Police appealed from a decision of the Ontario Civilian Commission on Police Services (“OCCPS”) reinstating a police officer (“Kelly”) where the Court found that the OCCPS articulated and applied the appropriate standard of review of reasonableness when overturning the decision of a Hearing Officer to terminate Kelly

27. June 2006 0
Administrative law – Police – Disciplinary proceedings – Penalties and suspensions – Decisions of administrative tribunals – Civilian Commission on Police Services – Hearings – Evidence – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Kelly, [2006] O.J. No. 1758, Ontario Superior Court of Justice, May 2, 2006, J.D. Carnwath, ...

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 ...

A University of British Columbia (“UBC”) student who had been assigned a failing grade for his Bachelor of Education practicum course (“Mohl”) was partly successful in appealing from a decision in Chambers that his action against UBC was an abuse of process because it raised claims that had already been decided against Mohl in an earlier judicial review proceeding

28. March 2006 0
Administrative law – Universities – Students – Assessment of grades – Estoppel and res judicata – Decisions of administrative tribunals – Abuse of process – Judicial review – Appeals Mohl v. University of British Columbia, [2006] B.C.J. No 335, British Columbia Court of Appeal, February 17, 2006, Low, Smith and Thackray JJ.A. Mohl was assigned a failing ...

The applicant directors (the “Applicants”) of a venture capital corporation successfully applied for leave to appeal on issue of whether the fact that the Manitoba Securities Commission (the “Commission”) was named as a co-defendant in a class action suit with the Applicant was sufficient to raise a reasonable apprehension of bias on the part of the Commission, and if so, would it be appropriate to grant a stay of the proceedings before the Commission pending a disposition of the class action suit. The Applicants had an arguable case, and the nature of the objection to proceeding before the Commission was of general public interest because of the importance of impartiality and independence in courts and administrative tribunals.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Director of corporation – Judicial review – Appeals – Procedural requirements and fairness – Reasonable apprehension of bias – Stay of proceedings – Standard of review – Correctness Curtis v. Manitoba Securities Commission, [2006] M.J. No. 1, Manitoba Court of Appeal, January 10, ...

The Petitioner sought judicial review of a decision of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) to terminate him from his position as registrar of the College. The petition was dismissed as the judge found that the College met its requirement of procedural fairness. On appeal, the Court held that the reviewing judge erred in mixing the merits of the decision to terminate with the process of termination. Furthermore, she made a palpable error of fact in finding that the Petitioner had notice of the grounds for termination when he had no prior notice of a report accusing him of dishonesty and no opportunity to address the accusation. This amounted to a denial of procedural fairness. The Court ordered that he be re-instated to his position as registrar, with full back pay and benefits less earnings from other employment.

27. December 2005 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Natural justice – Judicial review – Appeals – Procedural requirements and fairness Wong v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, [2005] B.C.J. No. 2219, British Columbia Court of Appeal, October 21, ...