Canada Case Law

Tynes v. Nova Scotia College of Nursing

Court

Supreme Court of Nova Scotia

The College's indefinite refusal to decide the application and its demand that the applicant procure records not in his possession constituted a reviewable failure to make a decision; the court will not grant the licence but orders the College to decide whether to invoke s.45(2) within 30 days and to issue a decision under s.21 within three months; Charter issues are premature at this stage because they must first be addressed by the College.

Source excerpt

• Procedural fairness
• Registration and licensing
• Character assessment
• Prematurity
• Charter applicability
• Statutory interpretation

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Williams v. British Columbia (Registrar of Security Services Division)

Court

Supreme Court of British Columbia

Judicial review of a licence refusal was allowed by consent. The court quashed the reconsideration decision, ordered a three-year licence, and declined costs.

• Natural justice
• Reasonable apprehension of bias
• Mandamus
• Costs
• Judicial-review
• Administrative-fairness

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BC/Yukon Association of Drug War Survivors v. Surrey (City)

Court

Supreme Court of British Columbia

The court dismissed an application for judicial review of Surrey’s refusal to issue a business licence, holding the council’s resolution and record gave adequate reasons.

• Business licence refusal
• Procedural fairness
• Adequacy of reasons
• Mootness
• Procedural-fairness
• Business-licence-refusal

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Pinto v. Bronfman Jewish Education Centre

Court

Federal Court

The Federal Court dismissed Yehuda Pinto’s copyright claim, finding he had granted an implied licence to use his music for the TaL AM curriculum.

• Implied licence
• Copyright ownership
• Sound recordings
• Joint authorship
• Compilation
• Statutory damages

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T.S.G. Sales Ltd. v. Vancouver (City)

Court

Supreme Court of British Columbia

The court rejected a selective-enforcement challenge to Vancouver’s zoning enforcement and ordered the petitioners to stop operating an unlawful adult retail store.

• Selective enforcement
• Discriminatory enforcement
• Development permits
• Bylaw enforcement
• Injunctive relief
• Selective-enforcement

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Rathje v. Business Practices and Consumer Protection Authority

Court

Supreme Court of British Columbia

Judicial review of travel-agent compliance orders was allowed. The court quashed the orders for lack of an adequate evidentiary basis and remitted the matter to the Authority.

• Judicial review
• Standard of review
• Natural justice and procedural fairness
• Bias and bad faith
• Compliance orders
• Inspection and enforcement powers

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Southwest R.V. v. Motor Dealer Council of British Columbia

Court

Supreme Court of British Columbia

Judicial review of a consignment-sales licensing restriction was denied because the Registrar was entitled to act pending a uniform policy and two-year threshold.

• Motor dealer licensing
• Consignment sales restriction
• Policy promulgation
• Delegation of powers
• Costs against decision makers
• Administrative-law

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377050 BC Ltd. dba the Inter-City Motel v. City of Burnaby

Court

Supreme Court of British Columbia

La Cour a annulé le refus de renouveler le permis d’exploitation et a renvoyé l’affaire au conseil municipal, jugeant les motifs insuffisants et l’équité procédurale déficiente.

• Business licence refusal
• Non-renewal/cancellation
• Reasons for decision
• Right to be heard
• Standard of review - patent unreasonableness
• Business-licence-refusal

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Atlantic Collection Agencies v. Service Nova Scotia

Court

Supreme Court of Nova Scotia

The Registrar afforded the appellant a full and fair opportunity appropriate to the statutory regulatory context; his written reasons were sufficient; applying the pragmatic and functional analysis the court applied a correctness standard and found the Registrar's findings and the suspension not incorrect, but ordered amendment of operational directives that unfairly deprived the appellant of commissions earned prior to suspension.

Source excerpt

• Procedural fairness (natural justice)
• Standard of review
• Suspension of licence
• Remedies and penalties
• Reasons for decision

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Zenner v. Prince Edward Island College of Optometrists

Court

Supreme Court of Canada

The Supreme Court of Canada held the College’s review standard was reasonableness, upheld refusal of the 1996 renewal, and quashed the 2001 ethics-course condition.

• Standard of review
• Continuing education requirements
• Licence renewal
• Conditions of re‑licensure
• Judicial review
• Exercise of discretion

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