A homeowner (“Mortensen”) appealed the decision of the Interior Health Authority charging him with a violation of s. 42 of the Sanitary Regulations, B.C. Reg. 142/59 for drilling a water well in his front yard. The court dismissed the appeal, finding that the health inspector had no discretion under the regulations once it was determined the well was within 100 feet of a septic tank and field.

28. December 2004 0
Administrative law – Environmental issues – Water wells location – Judicial review – Compliance with legislation – Discretion of delegated authority Mortensen v. Interior Health Authority, [2004] B.C.J. No. 2283, British Columbia Supreme Court, November 3, 2004, Bauman J. Mortensen lived on the shore of Okanagan Lake in a community called Fintry. Mortensen and others in ...

The rigid application of In-Home Treatment Program guidelines, to the exclusion of the consideration of a family’s particular circumstances, amounted to an unreasonable exercise of discretion by the Defendant

24. August 2004 0
Administrative law – School boards – Powers and duties – Discretion of delegated authority – Special programs for autistic children – Funding – Guidelines – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Remedies – Statutory provisions Dassonville-Trudel (Guardian ad litem of) v. Halifax Regional School Board, [2004] N.S.J. No. 241, Nova ...

The Appellants’ application for a shellfish tenure was found to be akin to a licence application. Thus, the duty of fairness was minimal, and the trial judge did not err in holding that the Appellants were not entitled to make submissions or to have an oral hearing.

24. August 2004 0
Administrative law – Permits and licences – Judicial review – Natural justice – Procedural requirements and fairness – Discretion of delegated authority Lorindale Holdings Ltd. v. British Columbia Assets and Land Corp., [2004] B.C.J. No. 1271, British Columbia Court of Appeal, June 16, 2004, Donald, Hall and Lowry JJ.A. The Appellants were in the business ...