A woman who had alleged discrimination in her employment at British Columbia Court Services (“Solowan”) was unsuccessful in her Application for judicial review of a decision by the Human Rights Tribunal (the “Tribunal”) wherein the Tribunal concluded that it lacked jurisdiction to reopen her complaint, which had been dismissed in 1996 by the B.C. Council of Human Rights (the “Council”), a statutory predecessor of the Tribunal

24. July 2007 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Judicial review – Delay – Compliance with legislation – Standard of review – Correctness Solowan v. British Columbia (Attorney General), [2007] B.C.J. No 1167, British Columbia Supreme Court, May 31, 2007, C.L. Smith J. In 1995, Solowan ...

The Court dismissed an application for judicial review of the decision of an arbitration panel under the Labour Relations Code, R.S.A. 2000, c. L-1. The Court found that the panel’s decision in respect of a teacher’s final salary payout was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Labour law – Collective agreements – Pensions – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wild Rose School Division No. 66 v. Alberta Teachers’ Assn, [2007] A.J. No. 480, Alberta Court of Queen’s Bench, April 30, 2007, W.E. Wilson ...

The Petitioner applied for judicial review of two decisions made by the Ethics and Discipline Committee of the British Columbia College of Chiropractors, the first dismissing the Petitioner’s complaint against the Respondent, and the second confirming that dismissal. The Court dismissed the petition, finding that the Petitioner did not have standing to require the Court to review the College’s decision. However, the Court accepted the Petitioner’s submission, in obiter, that the College’s interpretation of section 20 of the Chiropractors Act was incorrect.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Disciplinary proceedings – Use of title – Judicial review – Compliance with legislation – Interpretation of legislation – Jurisdiction – Standard of review – Correctness Pound v. Lunney, [2007] B.C.J. No. 794, British Columbia Supreme Court, April 20, 2007, Halfyard J. The Respondent had ...

The Applicant appealed the decision of the Respondent Association who had found that he had violated the Code of Ethics and Standards of Business Practice of the Association. The Court dismissed the application, finding that the Association’s decision was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Rowan v. New Brunswick Real Estate Assn., (in French) [2007] N.B.J. No. 124, New Brunswick Court of Queen’s Bench, ...

The University of British Columbia Faculty Association (the “Association”) brought a grievance on behalf of a faculty member after the President of the University of British Columbia (“UBC”) decided not to recommend the member for promotion. The President gave the small number of publications in peer-reviewed journals as the justification for the negative decision. The matter went to arbitration, where the President’s decision was found to be unreasonable. The arbitrator held that the President failed to consider the quality of the faculty member’s innovative professional work and how his work was regarded by his peers. Under the collective agreement (Article 13.07(c)) between Association and UBC, when such a decision is found to be unreasonable, the Board shall “reverse” the decision. The arbitrator interpreted the word “reverse” to mean “revoke” or “annul”, and declined to remit the matter back to the President for reconsideration. The arbitrator substituted a decision to recommend the faculty member for promotion for the President’s decision.

26. June 2007 0
Administrative law – Universities – Evaluation of professors – Labour law – Arbitration – Collective agreements – Jurisdiction – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness – Correctness – Charter of Rights and Freedoms – Freedom of expression University of British Columbia v. University of British Columbia Faculty ...

The Court held that Section 49 of the Residential Tenancy Act, S.B.C. 2002, c. 78 could not be read so as to give landlords the discretion to terminate tenancies on the sole basis that they would be financially advantaged in having vacant possession. Where an Arbitrator makes a finding of fact that the renovation sought by the landlord did not require vacant possession, the rational and reasonable decision is that vacancy notices should not be granted in favour of the landlord.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Landlord and tenant – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Statutory interpretation Allman v. Amacon Property Management Services Inc., [2007] B.C.J. No. 433, British Columbia Court of Appeal, March 6, 2007, Levine, Thackray and Lowry JJ.A. The landlord ...

The Court restored a sanction of dismissal against a municipal police officer who pleaded guilty to several criminal offences. The police officer’s criminal conduct was subject to separate sanctions provided for in the Cities and Towns Act and the Police Act. The majority of the Court held that the sanctions under the Police Act and the Cities and Towns Act overlapped and came into conflict. The Court held that in the case of conflict, the provisions in the Police Act should prevail over the provisions in the Cities and Towns Act as those provisions are more recent and more specific than those in the Cities and Towns Act.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Police – Disciplinary proceedings – Penalties and suspensions – Judicial review – Compliance with legislation – Statutory interpretation – Conflict of legislation Lévis (City) v. Fraternité des policiers de Lévis Inc., [2007] S.C.J. No. 14, Supreme Court of Canada, March 22, 2007, McLachlin C.J. and Bastarache, ...

The Court found Section 63(1) of the Judges Act, R.S.C. 1985, c. J-1 constitutional. This provision permits the Federal and Provincial Attorneys General to commence inquiries regarding whether certain judges could be removed from office without following screening procedures set out in s. 63(2). The appropriate test applied considering the constitutionality of s. 63(1) was whether or not a reasonable person would have a reasonable apprehension the section would impair judges’ impartiality by requiring the Council to commence inquiries without engaging the screening procedure. There were sufficient safeguards in the s. 63(1) process, despite the fact the screening procedure was not required.

22. May 2007 0
Administrative law – Judges – Removal from office – Inquiry – Constitutionality – Judicial review – Compliance with legislation Cosgrove v. Canadian Judicial Council, [2007] F.C.J. No. 352, Federal Court of Appeal, March 12, 2007, Sexton, Evans and Sharlow JJ.A. After a criminal trial, the Attorney General of Ontario wrote to the Canadian Judicial Council (the ...

The Sunshine Coast Conservation Association (“SCCA”) complained to the Association of British Columbia Forest Professionals (“ABCFP”) about the conduct of a registered professional forester (“RPF”). The ABCFP Registrar rejected the complaint on the basis that even if the allegations were proven, they did not involve a breach of the Foresters Act or the applicable bylaws or resolutions of the ABCFP.

24. April 2007 0
Administrative law – Forest professionals – Disciplinary proceedings – Code of ethics – Natural resources – Environmental issues – Forest practices – Wildlife habitat – Judicial review – Compliance with legislation – Failure to provide reasons – Standard of review – Correctness Sunshine Coast Conservation Association v. Association of British Columbia Forest Professionals, [2007] B.C.J. No. 281, ...

The Court allowed an appeal from two decisions of the Benchers of the Law Society, concluding that the Appellant had acted incompetently in permitting a witness to swear an affidavit and imposing a reprimand. The Panel had erred by making a finding of incompetence when that issue was not before the Panel, making a finding of fact on no evidence, and failing to follow proper procedure in amending the citation.

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Conduct of hearings – Barristers and solicitors – Disciplinary proceedings – Judicial review – Evidence – Compliance with legislation – Jurisdiction – Natural justice – Procedural requirements and fairness – Standard of review – Patent unreasonableness Sheddy v. Law Society of British Columbia, [2007] ...