Administrative Decisions

Community Living authority - Legislation - Validity - Ultra vires - Unlawful delegation of power; Judicial review - Compliance with legislation
The Court quashed the Respondent’s decision to deny benefits to the developmentally and intellectually disabled Petitioner. By structuring its decision on an IQ criteria, the Respondent had acted outside of its jurisdiction and had fettered its own discretion. N.F. (Guardian Ad Litem of) v. Community Living B.C., [2006] B.C.J. No. 1331

Decisions of administrative tribunals

Permits and licences - Taxi Licence Appeal Board; Judicial review - Jurisdiction of tribunal - Procedural requirements and fairness - Evidence - Standard of review - Correctness; Remedies - Certiorari
A taxi driver applied for judicial review of the License Appeal Board’s decision upholding the suspension of his taxi driver’s licence and the revocation of his taxi plates. The Court allowed the application on the basis that the City’s Chief Taxi Inspector had not properly submitted his decision to the Taxi Commission for review, which caused the License Appeal Board to lose jurisdiction. The Board had also failed in its duty to follow a rigorous procedure and provide a high degree of fairness. Barr v. Calgary (City), [2006] A.J. No. 701

Employment law

Classification - Labour law - Pensions - Eligibility; Decisions of administrative tribunals - Labour and Employment Boards - Employee classification - Judicial review - Jurisdiction - Compliance with legislation - Privative clauses - Standard of review -
The Court considered a challenge to the Labour and Employment Board’s decision that the Superintendent of Pensions possessed an implied power to decide an employment status issue, an implied power that was necessarily incidental to the express power to classify employees of a particular employer. The Court held that this decision had a rational basis and was reasonable. Saint John (City) Pension Board v. New Brunswick (Superintendent of Pensions), [2006] N.B.J. No. 255

Engineers

Disciplinary proceedings - Professional misconduct - Penalties and suspensions; Decisions of administrative tribunals - Association of Professional Engineers; Judicial review - Evidence - Standard of review - Reasonableness simpliciter
An engineer appealed from a decision of the Council of the Respondent Association that had found him guilty of conduct that constituted unskilled practice or unprofessional conduct. The Court confirmed one finding of unprofessional conduct, but on a second found that the Council had incorrectly applied the reasonableness standard of review to evidence regarding the appropriate Yukon standard of practice. ,Ellwood v. Assn. of Professional Engineers of Yukon, [2006] Y.J. No. 49

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