Robert Latimer (“Latimer”) won a judicial review of the decision of the Appeal Division of the National Parole Board which had refused his request to expand his leave privileges by reducing the number of nights that he was required to return to a halfway house each week

28. September 2010 0
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Judicial review – Compliance with legislation – Validity and application of policies and guidelines – Standard of review – Correctness Latimer v. Canada (Attorney General), [2010] F.C.J. No. 970, Federal Court Vancouver, British Columbia, August 5, 2010, Mactavish J. In 2001, Latimer ...

Upon judicial review, the court quashed a decision made by the Inquiry Committee of the British Columbia Veterinary Medical Association on the grounds that it committed a breach of procedural fairness by declining to consider the petitioner’s argument about institutional bias

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Judicial review – Procedural requirements and fairness – Bias – Jurisdiction – Standard of review – Correctness Bajwa v. British Columbia Veterinary Medical Assn., [2010] B.C.J. No. 1169, 2010 BCSC 848, British Columbia Supreme Court, June 16, 2010, M.J. ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

An administrative tribunal may consider a party’s history of non-compliance of zoning bylaws when assessing an individual’s application to rezone. If it does so, however, the tribunal must consider it in its full context. In this case, the court held that the Council of the City of North Vancouver (the “Council”) ought to have also considered the City’s tacit endorsement of the petitioner’s ongoing non-compliance because failure to do so led the Council to make an erroneous assumption about the nature and extent of what was described as the “bad behaviour” of the petitioners and whether that behaviour necessitated repudiation to “provide for good government of the community”.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Evidence – Compliance with legislation – Standard of review – Correctness Pucci v. North Vancouver (City), [2010] B.C.J. No. 1001, 2010 BCSC 743, British Columbia Supreme Court, May 26, 2010, A.F. Cullen J. The petitioners ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

The appellant, Ms. Mitten, successfully appealed a Chambers decision which dismissed her originating notice. Her originating notice sought judicial review of the decision of the respondent College’s Discipline Committee, which upheld the Registrar’s decision to take no further action in respect of her complaint.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Investigations – Psychologists – Competence – Judicial review application – Judicial review – Availability – Standard of review – Correctness – Evidence – Compliance with legislation Mitten v. College of Alberta Psychologists, [2010] A.J. No. 545, 2010 ABCA 159, Alberta Court of Appeal, ...

The Workers’ Compensation Appeal Tribunal does not have the residual discretion to reject applications for an extension of time under s. 243(3) of the Workers Compensation Act once the two statutory criteria set out in that provision are met

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers compensation – Extention of time – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), 2010 B.C.J. No. 830, 2010 BCSC 644, British Columbia Supreme Court, May 5, 2010, E. ...

The Dispute Resolution and Decision Review Body, an internal review board of the Workers’ Compensation Board, does not have the jurisdiction to reconsider its own decision. Likewise, the Board’s Appeals Commission does not have the jurisdiction to consider issues that are not under appeal.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers compensation – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Watson v. Alberta (Workers’ Compensation Board), [2010] A.J. No. 485, 2010 ABQB 280, Alberta Court of Queen’s Bench, April ...

Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...

The appeal by the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from a decision allowing the application for judicial review of an engineer (“Salway”) and setting aside the Association’s finding that Salway was guilty of professional misconduct for failing to respond to a client’s correspondence in a timely way was allowed where the Court held that the proper standard of review was reasonableness and the Association’s determination was within the range of reasonable outcomes

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Functions of a self-governing body – Professional misconduct / conduct unbecoming – Penalties and suspensions – review – Standard of review – Correctness – Reasonableness simpliciter Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...