You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure

17. May 2022 0
Administrative law – Municipalities – Decisions reviewed – Municipal council – By-laws – Judicial review – Procedural requirements and fairness – Remedies – Mandamus Michetti v. Pouce Coupe (Village), [2022] B.C.J. No. 505, 2022 BCSC 472, British Columbia Supreme Court, March 22, 2022, S.C. Fitzpatrick J. The petitioner, Lorraine Michetti, was the Mayor of the ...

Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory

19. October 2021 0
Administrative law – Decisions reviewed – Municipal Board – By-laws – Planning and zoning – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness E.Z. Automotive Ltd. v. Regina (City), [2021] S.J. No. 328, 2021 SKCA 109, Saskatchewan Court of Appeal, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. ...

It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances

20. April 2021 0
Administrative law – Decisions reviewed – Community Council – Judicial review – Procedural requirements and fairness – Fresh evidence – Admissibility – Standard of review – Reasonableness – Municipalities – By-laws Scott v. Toronto (City), [2021] O.J. No. 591, 2021 ONSC 858, Ontario Superior Court of Justice, February 8, 2021, F. Kristjanson J. On June ...

Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”

16. March 2021 0
On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...

What do the residents have to say? Local Government required to gather the views of residents when providing recommendations to the Liquor and Cannabis Regulation Branch for proposed non-medical cannabis establishment

20. October 2020 0
Administrative law – Decisions reviewed – Municipal boards – Licensing – By-laws – Resolutions – Judicial review – Legislative compliance – Standard of review – Unreasonableness Pendergast v. Sidney (Town), [2020] B.C.J. No. 1130, 2020 BCSC 1049, British Columbia Supreme Court, July 15, 2020, J.A. Power J. The Court concluded that the Town of Sidney ...

City’s unreasonable decision to void a building permit on the basis that no construction activities had occurred

18. August 2020 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Building permits – Agricultural Land Reserve – Judicial review – Legislative compliance – Evidence, admissibility – Standard of review – Reasonableness Minster Enterprises Ltd. v. Richmond (City), [2020] B.C.J. No. 495, 2020 BCSC 455, British Columbia Supreme Court, March 30, 2020, Crerar J. The ...

Strata Corporations are free to get in their own way when it comes to claiming reimbursement of insurance deductibles from owners

17. December 2019 0
B.C. Supreme Court upholds decision of the Civil Resolution Tribunal that the Bylaws of a Strata Corporation can narrow the Strata’s ability to sue an owner pursuant to section 158(2) of the Strata Property Act. Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – By-laws – Judicial review – ...

On judicial review, a B.C. Court held that the District’s decision not to grant business licenses for short-term rentals accords with the relevant business license and zoning bylaws.

19. February 2019 0
Administrative law – Decisions reviewed – Municipal councils – Municipalities – By-laws – Planning and zoning – Permits and licences – Judicial review — Compliance with legislation Mailloux v. Tofino (District), [2018] BCJ No 6987, 2018 BCSC 2298, British Columbia Supreme Court, December 24, 2018, LA Loo J The petitioners were townhouse owners in Tofino ...

Municipal Council’s consultative process was held to be procedurally fair

15. January 2019 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Notice and consultation – Judicial review – Bias – Procedural requirements and fairness West Nipissing (Municipality) Police Services Board v. West Nipissing (Municipality), [2018] O.J. No. 5958, 2018 ONSC 6454, Ontario Superior Court of Justice, November 14, 2018, H.S. Arrell R.S.J., G.M. Mulligan, W.M. Matheson ...