Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked

15. November 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Standard of review – Patent unreasonableness – Employment – Termination of employment – Off-duty conduct – Human rights – Discrimination – Sexual orientation Conklin v. University of British Columbia, [2022] B.C.J. No. 1827, 2022 BCCA 333, British Columbia Court of ...

Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties

18. October 2022 0
Administrative law – Decisions reviewed – Assessment Review Board – Equity – Judicial review – Standard of review – Reasonableness – Condominiums University of Alberta v. Edmonton (City), [2022] A.J. No. 1089, 2022 ABCA 290, Alberta Court of Appeal, September 13, 2022, T.W. Wakeling, J. Antonio and L.B. Ho JJ.A. The petitioner is an owner ...

Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit

18. October 2022 0
Administrative law – Decisions reviewed – Environmental Appeal Board – Penalties – Compliance with legislation – Judicial review – Evidence – Standard of review – Reasonableness – Environmental matters – Assessment – Permits and licences – Inspections – Natural resources – Mining – Water Mount Polley Mining Corp. v. British Columbia (Environmental Appeal Board), [2022] ...

The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act

20. September 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness Mawani v. Dobbs, [2022] B.C.J. No. 1388, 2022 BCSC 1285, British Columbia Supreme Court, July 29, 2022, B.J. Norell J. The petitioners, Nawaz and Shelina Mawani, sought judicial review pursuant to the Judicial Review ...

Independent claims for Charter relief cannot be brought by petition

20. September 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Remedies – Charter relief Redeemed Christian Church of God v. New Westminster (City), [2022] B.C.J. No. 1136, 2022 BCCA 224, British Columbia Court of Appeal, June 24, 2022, L.A. Fenlon, J.C. Grauer and P.G. Voith JJ.A. In the Court below, the chambers judge ...

The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies

20. September 2022 0
Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...

Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer

16. August 2022 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Procedural requirements and fairness – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Delay – Remedies – Mandamus Law Society of Saskatchewan v. Abrametz, [2022] S.C.J. No. 29, 2022 SCC 29, Supreme Court of Canada, July ...

Realtor’s Appeal of Suspension Backfires

16. August 2022 0
Administrative law – Decisions reviewed – Financial Services Tribunal –  Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Penalties Behroyan v. Ontario (Financial Services Tribunal), [2022] B.C.J. No. 1285, 2022 BCSC 1190, British Columbia Supreme Court, July 14, 2022, N.P. Kent J. Mr. Behroyan, ...