Realtor’s Appeal of Suspension Backfires

16. August 2022 0
Administrative law – Decisions reviewed – Financial Services Tribunal –  Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Penalties Behroyan v. Ontario (Financial Services Tribunal), [2022] B.C.J. No. 1285, 2022 BCSC 1190, British Columbia Supreme Court, July 14, 2022, N.P. Kent J. Mr. Behroyan, ...

Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Know your limits – review board cannot dictate process to College

Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

Disgruntled Strata Owner Takes a Loss

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...

The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation

19. April 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Compliance with legislation [Interpretation] – Judicial review – Appeals and leave to appeal – Standard of review – Reasonableness – Workers compensation – Pensions – Eligibility Canada (Attorney General) v. Burke, [2022] F.C.J. No. 321, 2022 FCA 44, Federal Court of Appeal, March 15, 2022, ...