The Appellant Attorney General unsuccessfully appealed the B.C. Supreme Court’s decision, which dismissed the Appellant’s Petition for judicial review. The Appellant’s Petition sought to quash a Commissioner’s decision that allowed him to inquire into the Appellant’s decision not to lay charges in connection with Mr. Paul Frank’s death. In its Petition, the Appellant also sought a declaration that, in the absence of evidence of bad faith, the principle of Crown immunity prevented a public inquiry into the Crown’s decision not to commence criminal proceedings in the Frank Paul matter.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government – Public inquiry – Judicial review – Applications – Crown immunity – Jurisdiction – Barristers and solicitors – Crown counsel – Solicitor-client privilege British Columbia (Ministry of Attorney General, Criminal Justice Branch) v. British Columbia (Commission of Inquiry into the Death of Frank Paul – Davies ...

The Province may be ordered to pay compensation under the Human rights legislation to a person who has been found to have been discriminated against by a government employee exercising statutory authority. The Court held that s.69 of the Administrative Tribunals Act (the “Act”) applied to all judicial review proceedings decisions of the British Columbia Human Rights Tribunal heard by the Court after October 15, 2004.

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Jurisdiction – Compliance with legislation – Continuing contravention – Damages – Crown immunity – Standard of review – Correctness British Columbia v. Bolster, [2007] B.C.J. No. 192, ...

On judicial review of a decision of the British Columbia Human Rights Tribunal, the court held that the Tribunal was within its statutory jurisdiction in making the damage awards it did and it did not err in finding liability for discrimination on the facts before it

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Remedies – Certiorari – Damages – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Jurisdiction – Crown immunity – Standard of review – Patent unreasonableness British Columbia v. Bolster, [2005] B.C.J. No. 2365, British Columbia Supreme Court, October 27, 2005, Parrett J. The Province ...

The West Kootenay Community EcoSociety (“EcoSociety”) successfully petitioned to set aside the decision of the Minister of Water, Land, and Air Protection to move the driveway of a small provincial park to a location 30 metres to the east

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental issues – Parks – Judicial review application – Crown immunity West Kootenay Community EcoSociety v. British Columbia (Ministry of Water, Land, and Air Protection), [2005] B.C.J. No. 1224, British Columbia Supreme Court, May 30, 2005, Prowse J. Grohman Narrows Provincial Park is located near Nelson, ...