BCSC confirms Consumer Protection BC’s position that collection company must stop attempting to contact debtors following request that communication be in writing only

15. August 2017 0
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...

Alberta Court of Queen’s Bench held it did not have jurisdiction to extend the deadline for service in application for judicial review

An application for judicial review was struck because it was served outside the six-month limitation period. The court held it did not have jurisdiction to extend the deadline for service. Administrative Law – Appeals – Judicial Review – Jurisdiction – Limitations Baker v. Drouin, [2017] A.J. N o. 329, 2017 ABQB 204, Alberta Court of ...

Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld

20. April 2017 0
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition. Administrative Law – Arbitration Board – Decisions reviewed – Judicial Review – Motor vehicle accidents – Reasonableness – Standard of Review Farmers’ Mutual Insurance Co. ...

Court held that the Superintendent was not legally bound to follow the chambers judge’s obiter comments about his power to reopen a case

24. November 2016 0
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...

Court ordered a reconsideration of doctor’s hospital privileges application for lack of procedural fairness

24. November 2016 0
The administrative decision-maker was held to have breached its duty of procedural fairness because it failed to share all relevant information with the applicant and failed to provide him with a reasonable opportunity to respond before the decision was made. Administrative law – Decisions of administrative tribunals – Duty to disclose evidence – Health authorities ...

Court declined to exercise its discretion to extend the deadline for filing an application for judicial review

26. August 2016 0
An application for judicial review of a Board of Examiners in Psychology’s decision was dismissed for being brought out of time, as the applicant had the Board’s full decision and did not file the application by the deadline to file. Administrative law – Board of Examiners of Psychologists – Competence – Decisions of administrative tribunals ...

Workers’ Compensation Appeal Tribunal’s decision to deny a worker’s claim for psychological trauma was patently unreasonable

26. August 2016 0
The court held that the Workers’ Compensation Appeal Tribunal’s (“WCAT”) decision to deny a worker’s claim was patently unreasonable, as the court held that WCAT made findings with respect to the worker’s experience of a traumatic event without interviewing or assessing the worker, and made a medical finding that was contrary to the opinion of ...

Unsuitability finding to discharge RCMP officer in place of a disciplinary sanction was unreasonable

26. August 2016 0
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...