The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

An administrative tribunal may consider a party’s history of non-compliance of zoning bylaws when assessing an individual’s application to rezone. If it does so, however, the tribunal must consider it in its full context. In this case, the court held that the Council of the City of North Vancouver (the “Council”) ought to have also considered the City’s tacit endorsement of the petitioner’s ongoing non-compliance because failure to do so led the Council to make an erroneous assumption about the nature and extent of what was described as the “bad behaviour” of the petitioners and whether that behaviour necessitated repudiation to “provide for good government of the community”.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Evidence – Compliance with legislation – Standard of review – Correctness Pucci v. North Vancouver (City), [2010] B.C.J. No. 1001, 2010 BCSC 743, British Columbia Supreme Court, May 26, 2010, A.F. Cullen J. The petitioners ...

The court dismissed the petitioner’s application for failure to establish that the dispute resolution officer’s (“the DRO”) decisions should be quashed. The court found that the DRO set out the findings of facts and principal evidence in its decisions and that the decisions were not patently unreasonable. Accordingly, the respondents were entitled to general damages, damages for loss of property and aggravated damages.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Vacation notices – Damages – Aggravated damages – Judicial review – Evidence – Compliance with legislation – Standard of review – Patent unreasonableness Sahota v. British Columbia (Residential Tenancy Act, Dispute Resolution Officer), [2010] B.C.J. ...

The court allowed the applicant’s habeas corpus application and thereby ordered the applicant to be transferred back to his previous medium-security facility. A writ of habeas corpus is issued as of right where the applicant establishes there is cause to doubt the lawful nature of his detention. The respondents conceded that the transfer to a higher security level institution constituted a deprivation of residual liberty, and thus the onus rested with the respondents to demonstrate the legality of their decision to transfer the applicant. The respondents failed to prove that the statutory and common law standards of procedural fairness, and in particular, the obligation to make full disclosure to the plaintiff, were met in regard to the transfer decision.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Prisons – Transfer of inmates – Remedies – Habeas corpus – Statutory provisions – Judicial review – Evidence – Disclosure – Procedural requirements and fairness – Compliance with legislation – Jurisdiction Khela v. Mission Institution, [2010] B.C.J. No 971, 2010 BCSC 721, British Columbia Supreme Court, May ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

The appellant, Ms. Mitten, successfully appealed a Chambers decision which dismissed her originating notice. Her originating notice sought judicial review of the decision of the respondent College’s Discipline Committee, which upheld the Registrar’s decision to take no further action in respect of her complaint.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Investigations – Psychologists – Competence – Judicial review application – Judicial review – Availability – Standard of review – Correctness – Evidence – Compliance with legislation Mitten v. College of Alberta Psychologists, [2010] A.J. No. 545, 2010 ABCA 159, Alberta Court of Appeal, ...

Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...

A chiropractor was unsuccessful on appeal from an order of the Joint Chiropractic Professional Review Committee (the “Committee”). The order that his billings be reduced by about $62,000.00 was upheld.

25. May 2010 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Investigations – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Judicial review – Natural justice – Evidence – Notice – Standard of review – Reasonableness simpliciter New v. Saskatchewan (Minister of Health), [2010] S.J. No. 155, 2010 SKQB 111, ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

The Petitioner, Lavigne, unsuccessfully brought an application for judicial review in respect of a reconsideration decision of the Respondent’s Appeal Tribunal, which related to the calculation of her long-term disability pay

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Average earnings – method of calculation – Judicial review – Evidence – Natural justice – Hearings – Failure to hold a hearing Lavigne v. British Columbia (Workers’ Compensation Board), [2010] B.C.J. No. 447, 2010 BCSC 341, British Columbia Supreme Court, January ...