The Court allowed, in part, the application for judicial review by several Vancouver taxi companies of seven decisions of the Passenger Transportation Board that permitted certain suburban tax companies, not licensed for the City of Vancouver, to pick up passengers in the Downtown Vancouver Entertainment District during certain peak weekend hours. While the Court found it was reasonable for the Board to hear the matters together, that the Board did not act unfairly in conducting a written hearing, and the determination of the boundaries of the Downtown Vancouver Entertainment District was within the Board’s jurisdiction, it was patently unreasonable for the Board to not permit the Vancouver taxi companies to make submissions on the suburban taxi companies’ application for temporary permits as the decision was arbitrary and failed to consider the interests of the Vancouver taxi companies. The Board’s concern that hearing these submissions would result in delay was not an acceptable justification. A refusal to hear a person who would be affected by a decision of the Board is prima facie failure to “hear the other side” and a breach of the audi alteram partem principle. As a result, the temporary permit application was remitted to the Board for reconsideration after hearing submissions of the Vancouver Taxi Company.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Passenger Transportation Board – Taxis – Permits and licences – Hearings – Consolidation – Fairness – Judicial review – Standard of review – Patent unreasonableness – Delay – Jurisdiction Yellow Cab Co. v. Passenger Transportation Board, [2013] B.C.J. No. 2321, 2013 BCSC 1930, British Columbia Supreme Court, ...