The Appellant Superintendent unsuccessfully appealed a decision of the British Columbia Supreme Court. The B.C. Supreme Court had granted, in part, the Respondent driver’s judicial review application in respect of an adjudicator’s driving prohibition.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Suspension of driver’s licence – Breathalyser tests – Certificate of analysis – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Mitchell v. British Columbia (Superintendent of Motor Vehicles), [2009] B.C.J. No. 1428, British Columbia Court of ...

The appeal by the Canadian Broadcasting Corporation (“CBC”) from a decision dismissing the CBC’s application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”) was dismissed where the Court found that the British Columbia Workers’ Compensation Board (“WCB”) was the appropriate body to determine whether a person engaged by the CBC was an “employee” within the meaning of the Governments Employees Compensation Act, R.S.C. 1985, c. G-5

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government agencies – Government employees – Workers compensation – Federal and provincial legislation – Worker – definition – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2009] B.C.J. No. 1559, British Columbia Court of ...

While the Assistance Appeal Board applied an erroneous analysis of a provision allowing an income support recipient to spend assets for specified purposes, the Court declined to set aside the Assistance Appeal Board’s decision finding, on a standard of review of correctness, that the Board’s conclusion was correct

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Ministerial orders – Benefits – Income assistance – Eligibilty – Basic need – definition – Judicial review – Interpretation of  legislation – Jurisdiction – Standard of review – Correctness Savary v. Nova Scotia (Community Services), [2009] N.S.J. No. 234, 2009 NSSC 123, Nova ...

The Court quashed the decision of the Corporation of the City of White Rock (“White Rock”) refusing to issue a development permit as being of no force and effect for taking into consideration matters not within its Official Community Plan guidelines and further issued an order in the nature of mandamus requiring the issuance of a permit

25. July 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Building permits – By-laws – Planning and zoning – Remedies – Mandamus – Judicial review – Failure to provide reasons – Standard of review – Correctness Yearsley v. White Rock (City), [2009] B.C.J. No. 1102, 2009 BCSC 719, British Columbia Supreme Court, ...

The Petitioner (Gonzalez) applied for judicial review of a decision of the B.C. Human Rights Tribunal, which found that the Tribunal lacked jurisdiction over the Petitioner’s complaint. The application for judicial review was dismissed.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judges – Judicial immunity – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Gonzalez v. British Columbia (Attorney General), [2009] B.C.J. No. 955, British Columbia Supreme Court, ...

The standard of review of an adjudicator’s decision made pursuant to the Occupational Health and Safety Act, 1993, S.S. 1993, c. O-1.1, on a point of law, is correctness. Section 27 of the Act which prohibits an employer from taking discriminatory action against a worker applies only as between the employer and the employer’s worker. The section does not apply as between an employer and a person who is a worker on the employer’s worksite but is not employed by the employer but by some other entity.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Judicial review – Standard of review – Correctness – Compliance with legislation – Discrimination – Labour relations – Working conditions – Workers compensation – Worker – definition – Employer – definition Potash Corp. of Saskatchewan Inc. v. Oppenlander, [2009] S.J. No. ...

The Court allowed an application by the Province for judicial review of a decision of the Human Rights Commission, which had found that there was a prima facie case of discrimination in a matter concerning an autistic adult and the treatment and care provided to him. The Court found that there were numerous violations of procedural fairness, including the Commission’s failure to review evidence when it concluded that the adult was not adequately accommodated by the services he received, failing to address the appropriate question and not performing a comparative analysis, broadening the complaint without advising the applicant, and allowing a delay of 68 months which was excessive and amounted to an abuse of process.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Disability – Duty to accommodate – Judicial review – Delay – Procedural requirements and fairness – Abuse of process – Standard of review – Correctness New Brunswick (Department of Social Development) v. New Brunswick Human Rights Commission, [2009] N.B.J. No. 45, ...

The Applicant University (the “University”) sought a judicial review of a human rights panel decision not to add the Canadian Union of Public Employees, Local 1870 (the “Union”) as a Respondent to certain complaint proceedings. The University’s application was granted and the human rights panel was directed to add the Union as a party.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Labour law – Collective agreements – Mandatory retirement – Universities – Judicial review – Parties – Standard of review – Correctness – Practice and procedure – Adding parties – test University of Prince Edward Island v. Nilsson, [2009] ...

The application by Western Forest Products (“WFP”) and the Association of British Columbia Landowners for judicial review of a series of bylaws adopted by the Capital Regional District (“CRD”) was allowed where the court found that the voting on the bylaws did not take place in accordance with the Local Government Act, R.S.B.C. 1996, c. 323 (the “Act”) and, consequently, the bylaws were illegal

24. February 2009 0
Administrative law – Natural resources – Timber licences – Decisions of administrative tribunals – Ministerial – Regional Districts – Municipalities – Planning and zoning – Change of by-laws – Validity – Voting procedures – Cost sharing – Definition – Judicial review – Compliance with legislation – Standard of review – Correctness Western Forest Products Inc. ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...