The application by the Children’s Aid Society of the Regional Municipality of Waterloo (the “Society”) for an order quashing a written decision of the Child and Family Services Board (the “Board”) on the grounds that the Board lacked jurisdiction to conduct the review was allowed where the court held that the matters at issue were “before the court” and therefore the Board was statutorily prohibited from reviewing the complaint

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Child and Family Services Review Board – Judicial intervention – Protection matters – Children – Judicial review – Compliance with legislation – Statutory interpretation – Jurisdiction – Failure to provide reasons – Natural justice – Standard of review – Correctness Children’s Aid Society of Waterloo v. D.D., ...

The Public Guardian and Trustee (“PGT”) brought a petition against the Workers Compensation Board (“WCB”) and put forward a series of questions respecting the jurisdiction of the Court to exercise its parens patriae jurisdiction in relation to any “excess”, as per s.10(6) of the Workers Compensation Act R.S.B.C. 1996, c. 492 (“WCA”), recovered by the WCB in a subrogated claim relating to an infant. The Court found that the Court’s parens patriae jurisdiction did not apply in this case.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Subrogated actions – Judicial review – Jurisdiction – Compliance with legislation – Jurisdiction of court – Protection matters – Children British Columbia (Public Guardian and Trustee of) v. British Columbia (Workers’ Compensation Board), [2010] B.C.J. No. 2058, 2010 BCSC 1486, British ...