The Court held that the Complainant had no standing to appeal the decision of an adjudicator appointed by the Police Complaints Commissioner to conduct a public hearing into the conduct of a police officer relating to the death of the Complainant’s brother

27. June 2006 0
Administrative law – Police – Police Complaint Commissioner – Adjudication – Procedural fairness – Public hearings – Conduct of hearings – Rules of evidence – Judicial review – Appeals – Parties – Standing – Compliance with legislation Berg v. British Columbia (Police Complaint Commissioner), [2006] B.C.J. No. 1027, British Columbia Court of Appeal, May 9, 2006, Finch ...

The Court dismissed the Workers’ Compensation Board’s appeal of a reviewing judge’s decision upholding a decision of the Appeals Commission. The privative clause and the statutory appeal provision limited the right of appeal from a decision by the Appeals Commission to pure questions of law. The reviewing judge did not err in finding that the Appeals Commission decision could rely on new medical evidence since strict rules of evidence did not apply to a hearing.

25. October 2005 0
Administrative law – Workers compensation – Benefits – Procedural fairness – Statutory provisions – Privative clauses – Decisions of administrative tribunals – Workers Compensation Boards – Hearings – Rules of evidence – Fresh evidence – Admissibility – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. ...