After eight years, an articled student is given the right to be enrolled by the Law Society of British Columbia (“LawSoc”) with conditions

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Hearings – Judicial review – Evidence – Credibility – Compliance with legislation – Failure to provide adequate reasons Mohan v. Law Society of British Columbia, [2013] B.C.J. No. 2487, 2013 BCCA 489, British Columbia Court of Appeal, ...

The Law Enforcement Review Board overturned a police chief’s dismissal of a complaint on the basis that the investigation was inadequate. The Alberta Court of Appeal overturned the Board’s order that the complaint be directed to a discplinary hearing, because the only appropriate order in the circumstances where there was an inadequate investigation, is to order further investigation. With respect to a second complaint of unlawful arrest, the Board overturned the Presiding Officer’s dismissal of a complaint on the basis that the officers did not have a warrant to enter the home where they made the arrest. The Court found that the Board erred in failing to consider whether the officers had consent to enter the home. As the Board did not consider whether the Presiding Office decided that the officers had consent to enter the home, the Board’s decision was incomplete on a vital point.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Investigations – Inadequate investigations – Remedies – Judicial review – Evidence – Compliance with legislation Land v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 1372, 2013 ABCA 435, Alberta Court of Appeal, December 16, 2013, C.M. ...

Appeal from decision of Ontario Securities Commission finding appellants contravened Securities Act

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Professional governance and discipline – Competence – Investigations – Judicial review – Compliance with legislation – Evidence – Procedural requirements and fairness – Bias Taylor v. Ontario (Securities Commission), [2013] O.J. No. 4988, 2013 ONSC 6495, Ontario Superior Court of Justice, ...

The issue in this matter concerns the authority of the police to direct an individual’s movements during the course of a traffic stop

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Authority to arrest – Disciplinary proceedings – Public interest – Judicial review – Evidence Adaikin v. Calgary (Police Service), [2013] A.J. No. 1028, 2013 ABCA 333, Alberta Court of Appeal, September 30, 2013, P.W.L. Martin, B.K. O’Ferrall and B.L. Veldhuis JJ.A. ...

Appeal from order setting aside verdict of a coroner’s inquest on basis that the inquest was procedurally unfair. Appeal allowed on basis that the procedural deficiencies did not support quashing the verdict. Verdict reinstated.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Evidence – Judicial review – Parties – Standing – Procedural requirements and fairness Charlie v. Canada (Attorney General), [2013] Y.J. No. 61, 2013 YKCA 11, Yukon Territory Court of Appeal, September 12, 2013, M.E. Saunders, D.F. Tysoe, and E.A. Bennett JJ.A. The appellant ...

Tribunal appealed judicial review decision setting aside the tribunal’s decision on the basis of an issue not raised by the parties on judicial review. Appeal allowed, chambers judge’s order set aside, and petition for judicial review dismissed.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Courts – Evidence – Issues not raised by parties Vandale v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 1968, 2013 BCCA 391, British Columbia Court of Appeal, September 9, 2013, S.D. Frankel, N.J. ...

Judicial review of decision of Superintendent of Motor Vehicles upholding roadside prohibition. Decision of Superintendent set aside on basis that “warn” reading on approved screening device was not, on its own, evidence to indicate petitioner’s ability to drive was affected by alcohol.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Permits and licences – Evidence – Standard of review – Reasonableness simpliciter Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1960, 2013 BCSC 1638, British ...

The Court declined the respondents’ application to convert Workers’ Compensation Board proceedings to a court action but permitted their request to challenge WCB orders as the respondents faced the possibility of imprisonment

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Tribunal orders – Contempt – Judicial review – Collateral attack – Compliance with legislation – Evidence British Columbia (Workers’ Compensation Board) v. Skylite Building Maintenance Ltd., [2013] B.C.J. No. 1988, 2013 BCSC 1666, British Columbia Supreme Court, September 10, 2013, G. Funt J. ...

The Court of Appeal allowed the appeal made by parents of a child with a disability, of a Chambers Judge’s decision quashing an order of the Human Rights Tribunal to refer a human rights complaint to an inquiry. The appeal concerned a human rights complaint brought by the parents of a 10 year old boy who suffered a disability. The complaint arose out of a newly implemented locked door policy at the school that made it more difficult for the boy to enter and leave the school building.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Schools – Parental rights – Judicial review – Evidence Holy Trinity Roman Catholic School Division (c.o.b. Ecole St. Margaret School) v. Prisciak, [2013] S.J. No. 501, 2013 SKCA 87, Saskatchewan Court ...

Court of Appeal overturned the decision of a chambers judge and upheld a decision of the BC Human Rights Tribunal awarding a mentally disabled appellant damages for discrimination in tenancy. The appellant had purchased a motor home and the respondent had refused to rent the pad on which the home was located and refused to consent to the vendors’ lease to the appellant.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Landlord and tenant – Leases – Human rights complaints – Disability – Discrimination – Judicial review – Privileged communications – Disclosure – Evidence – admissibility – Judicial notice Silver Campsites Ltd. v. James, [2013] B.C.J. No. 1302, 2013 BCCA 292, British Columbia Court ...