A tenant in a Metro Vancouver Housing Corporation townhouse applied for judicial review of the decision of a dispute resolution officer who found that a 10-day notice to end tenancy for unpaid rent, under Section 46(1) of the Residential Tenancy Act should be upheld with the result that the tenant would lose possession

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Discretion of court – Landlord and tenant – Residential tenancy agreements – Termination – Vacation notices – Conduct of tenant – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Remedies – Relief from ...

Repligen Corporation (“Repligen”) succeeded on judicial review of a decision of the Canadian Intellectual Property office’s patent commissioner (“the Commissioner”) denying Repligen’s request to correct a clerical error where maintenance fees were credited to the wrong patent and Repligen’s patent lapsed as a result

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...

An application for production of documents from a decision maker in the context of a judicial review application is denied

22. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

The Appeal by an employer (“Fundy Linen”) from the decision of the Appeals Tribunal allowing an injured employee’s claim to obtain barrier-free housing was allowed due to bias and the matter was remitted to the Workplace Health, Safety and Compensation Commission (the “Commission”)

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Discretion of court – Workers compensation – Benefits – Housing – Interpretation of legislation – Judicial review – Witnesses – Member of Legislative Assembly – Bias – Waiver of claim for bias Fundy Linen Service Inc. v. New Brunswick (Workplace Health, Safety and ...

The Petitioner Her Majesty the Queen in Right of the Province of B.C. (the “Province”) applied for leave to appeal the decision of an Arbitrator acting under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 (the “Act”) in respect of a dispute the Province had with the Respondent resort company (the “Respondent”). The Court denied the Province’s application for leave to appeal.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Government – Contract to provide park services – Terms of agreement – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Discretion of court – Powers under legislation British Columbia v. Gibson Pass Resort Inc., [2009] B.C.J. No. 162, British ...

The Health Professions Appeal Board (the “Board”) conceded it had exceeded its jurisdiction by making findings of gross criminal misconduct against a physician and relying on materials which were never disclosed to the physician or his counsel. The Board agreed that its decision should be quashed but submitted that the matter should be remitted back for a new review before a differently constituted panel of the Board. The Court of Appeal refused to remit the matter back to the Board, and found that there were exceptional circumstances (the interest of the public in the matter was remote and the delay was serious) which warranted the exercise of its discretion to refuse to remit.

25. February 2003 0
Administrative law – Decisions of administrative tribunals – Discretion of court – Judicial review – Jurisdiction of court – Tribunal decisions – Physicians and surgeons – Disciplinary proceedings – Evidence – Delay – Public interest Rathé v. Ontario (Health Professions Appeal and Review Board), [2002] O.J. No. 4787, Ontario Superior Court of Justice, December 6, 2002, Blair, ...

A customer of Airgas Canada Inc. complained that an employee of Airgas, Mr. Fuggle, had placed graffiti at their premises. As a result of the complaint Mr. Fuggle was dismissed by Airgas. Mr. Fuggle submitted a claim to the Director of Employment Standards requesting a determination that he had been dismissed without cause. The Director of Employment Standards concluded that Airgas had just cause to terminate Mr. Fuggle’s employment. Mr. Fuggle’s appeal to the Employment Standards Tribunal was dismissed. Prior to receiving this decision Mr. Fuggle commenced an action in the Supreme Court alleging that he was wrongfully dismissed. Airgas applied pursuant to rule 18A of the Rules of Court for an Order that the claim be dismissed on the basis that there had already been a final determination of the issues between the parties under the Employment Standards Act, R.S.B.C. 1996, c. 113 (“Standards Act”). In dismissing the application the Court exercised its discretion to refuse to apply estoppel.

28. January 2003 0
Administrative law – Employment standards – Termination of employment – Just cause – Decisions of administrative tribunals – Issue estoppel – Discretion of court Fuggle v. Airgas Canada Inc., [2002] B.C.J. No. 2800, British Columbia Supreme Court, December 11, 2002, Burnyeat J. Airgas Canada Inc. applied to the court pursuant to Rule 18A for an order ...