Canada Case Law

Dr. Aref Tabarsi Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

The Vice Chair's interpretation that 'court' and 'action' in s.311 WCA include private arbitrations and privately appointed arbitrators is patently unreasonable because it impermissibly expands WCAT's exclusive jurisdiction beyond the statute and legislative intent; however, WCAT's finding that the petitioner's arbitration claim includes elements of personal injury (mental distress) is supported by a tenable line of analysis and is not patently unreasonable; accordingly the Decision is quashed to the extent it treats private arbitrations as 'court actions' and the matter is remitted to WCAT t…

Source excerpt

• Jurisdiction of administrative tribunal
• Statutory interpretation of 'court' and 'action'
• Standard of review (patent unreasonableness)
• S. 311 certification under wca
• Privative clause
• Personal injury vs contract damages

Read case analysis

British Columbia Financial Services Authority v. Rohani

Court

Supreme Court of British Columbia

The court dismissed Rashin Rohani’s application to stay enforcement of Financial Services Tribunal-related liens pending judicial review, finding no irreparable harm and that convenience favored BCFSA.

• Stay of enforcement
• Judicial review
• Privative clause
• Disciplinary sanctions
• Liens
• Stay-of-enforcement

Read case analysis

Tsegaye v. Workers' Compensation Appeal Tribunal

Court

Supreme Court of British Columbia

The court struck and dismissed a self-represented plaintiff’s claim against the Workers’ Compensation Board, finding statutory bars and an improper collateral attack.

• Privative clause
• Statutory immunity
• Judicial review versus civil action
• Foippa immunity (s.73)
• Strike/dismiss under rule 9-5 and summary dismissal under rule 9-6
• Strike-pleading

Read case analysis

Canadian National Railway Company v. Alberta Pacific Forest Industries Inc.

Court

Federal Court of Appeal

Scott remains binding: because section 40 of the Canada Transportation Act provides an adequate alternate remedy by way of petition to the Governor in Council and section 18.5 of the Federal Courts Act bars judicial review to the extent of such statutory appeals, this Court lacks jurisdiction to entertain CN's judicial review of the Agency's factual findings and the application is dismissed.

Source excerpt

• Judicial review
• Jurisdiction
• Adequate alternate remedy
• Governor in council appeals
• Privative clause
• Section 18.5 federal courts act

Read case analysis

Sinclair v. T.D.M.C. Holdings Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal held that Rule 9, not the Arbitration Act’s 30-day limit, governed the timing of a cross appeal from an arbitral award.

• Leave to appeal
• Limitation periods
• Cross-appeal jurisdiction
• Court of appeal rules vs arbitration act
• Privative clause
• Arbitration-law

Read case analysis

Szezepaniak v. Interior Health Authority

Court

Supreme Court of British Columbia

The court dismissed a judicial review of hospital discipline after finding the Charter did not apply and section 7 was not engaged by loss of hospital privileges.

• Charter s.7
• Application of charter to administrative bodies
• Hospital privileges
• Disciplinary proceedings
• Privative clause
• Doré/loyola balancing

Read case analysis

Andreasen v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

Judicial review of a WCAT s. 311 certification was dismissed. The Court held WCAT had jurisdiction, applied the correct patent unreasonableness standard, and its findings were supported by evidence.

• Jurisdiction
• Section 311 certification
• Statutory bar s.127 wca
• Privative clause
• Standard of review
• Procedural fairness

Read case analysis

599253 Alberta Ltd. v. British Columbia

Court

Supreme Court of British Columbia

The court struck a negligence claim over a dam, holding Waterway Houseboats foreclosed any private duty of care to the plaintiffs on the pleaded facts.

• Duty of care
• Proximity
• Privative clause
• Statutory immunity
• Failure to warn
• Freedom of information

Read case analysis

Forever v. Hsu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from judicial review of a residential tenancy decision upholding termination for unreasonable occupancy.

• Patently unreasonable standard
• Termination for unreasonable occupancy
• Privative clause
• Judicial review scope
• Patently-unreasonable-standard
• Residential-tenancy

Read case analysis

Pollard v. 1400971 BC Ltd.

Court

Supreme Court of British Columbia

Judicial review dismissed. The Court upheld the Residential Tenancy Branch decision ending the tenancy after finding the tenant assaulted the park caretaker.

• Notice to end tenancy
• Procedural unfairness
• Patent unreasonableness
• Assault
• De minimis rule
• Standard of review

Read case analysis