What do the residents have to say? Local Government required to gather the views of residents when providing recommendations to the Liquor and Cannabis Regulation Branch for proposed non-medical cannabis establishment

20. October 2020 0
Administrative law – Decisions reviewed – Municipal boards – Licensing – By-laws – Resolutions – Judicial review – Legislative compliance – Standard of review – Unreasonableness Pendergast v. Sidney (Town), [2020] B.C.J. No. 1130, 2020 BCSC 1049, British Columbia Supreme Court, July 15, 2020, J.A. Power J. The Court concluded that the Town of Sidney ...

The Representative for Children and Youth has a broad mandate and is entitled to information generally relevant to child welfare

21. January 2020 0
Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

BCCA confirms that approval of a monitoring plan submitted under an environmental permit falls within the definition of a “decision” under the appeal provisions of the EMA

17. October 2017 0
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...

Appeal Division’s dismissal of disabled employee’s application for leave to appeal was unreasonable

15. May 2017 0
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...

Applying administrative law principles Ontario Court of Appeal confirmed insurance arbitrator’s decision was unreasonable

26. October 2016 0
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...

The British Columbia Supreme Court dismisses an application for judicial review, holding that the Worker’s Compensation Appeal Tribunal did not fetter its discretion by relying on a policy to interpret the applicable legislation and that the Tribunal’s decision was not patently unreasonable

Administrative law – Workers Compensation – Disability – Unreasonableness Phillips v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] B.C.J. No. 835, 2011 BCSC 576, British Columbia Supreme Court, May 3, 2011, P. Rogers J. The petitioner, Glynis Phillips, seeks an order setting aside a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The sole issue ...

Ewachniuk appealed a decision of a hearing panel of the Respondent Law Society of British Columbia that had found him guilty of professional misconduct in “attempting to intimidate” and in “actually intimidating” two witnesses from giving evidence at trial and in requesting Crown counsel lay charges against the same witnesses “for the purpose of preventing them from coming to Canada to give evidence in court”. The hearing panel further found that Ewachniuk must be disbarred as a result of misconduct and ordered him to pay the costs of the hearing. All grounds of appeal were dismissed.

22. July 2003 0
Administrative law – Judicial review – Administrative decisions – Standard of review – Unreasonableness – Delay – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Disbarment – Costs Ewachniuk v. Law Society of British Columbia, [2003] B.C.J. No. 823, British Columbia Court of Appeal, April 15, 2003, Newbury, Huddart and Saunders JJ.A. A ...