Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Know your limits – review board cannot dictate process to College

19. July 2022 0
Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

19. July 2022 0
Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result

21. June 2022 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Eviction – Reconsideration – Judicial review – Procedural requirements and fairness – Natural justice – Hearings – Adjournment of hearing – Unrepresented complainant Lacroix v. Central-McKinlay International Ltd., [2022] O.J. No. 2220, 2022 ONSC 2807, Ontario Superior Court of Justice, May 11, 2022, D.L. ...

Schooled by the BCSC for Prematurity

17. May 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review application – Premature – Remedies – Interlocutory injunctions – Schools and school boards – Discrimination Independent School Authority v. Parent, [2022] B.C.J. No. 623, 2022 BCSC 570, British Columbia Supreme Court, April 7, 2022, W.A. Baker J. The petitioners, a private school, seek ...

Disgruntled Strata Owner Takes a Loss

17. May 2022 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure

17. May 2022 0
Administrative law – Municipalities – Decisions reviewed – Municipal council – By-laws – Judicial review – Procedural requirements and fairness – Remedies – Mandamus Michetti v. Pouce Coupe (Village), [2022] B.C.J. No. 505, 2022 BCSC 472, British Columbia Supreme Court, March 22, 2022, S.C. Fitzpatrick J. The petitioner, Lorraine Michetti, was the Mayor of the ...