What happens if you disagree with the Residential Tenancy Branch’s decision to uphold your eviction (or your tenant’s right to stay)?

Or if the government does not give you benefits you think you are entitled to?

Or a myriad of other decisions that are left to administrative decision-makers.

The answer is judicial review.

What is Judicial Review?

Judicial review is a review of a decision that has been made by an administrative tribunal or an administrative decision-maker. The application must be made by petition to court and supporting affidavits. The goal of judicial review is to ensure that administrative decision-makers are accountable should they make serious mistakes, act unfairly or do something the law does not give them the power to do.

Recent Example

The recent case of Beedie (Keefer Street) Holdings Ltd. v. Vancouver (City), demonstrates what will happen if an administrative decision-maker makes an unprecedented decision.

The petitioner challenged the City of Vancouver Development Permit Board’s (the “Board”) decision to deny its application for a development permit for a Chinatown 9-storey mixed residential-retail building (the “Property”). The main claim was that the Board’s decision was made in bad faith and without affording the petitioner procedural fairness for several reasons, and that the decision is substantively unreasonable.

The BC Supreme Court found that the Board’s decision was “apparently unprecedented” and did not justify or explain the departure from past practice in its reasons. Judge Brongers stated:

“I therefore find that that the board’s Nov. 6, 2017 decision to reject the [development permit] application without indicating what conditions Beedie would need to satisfy in order for it to be approved is a departure from past practice that violated Beedie’s legitimate expectations…In these circumstances, the board had a burden to explain and justify this departure in its reasons.”

The judge sent the application back to the Board for reconsideration.

Protection from Poorly Made (Illegal) Decisions

This case illustrates the power that administrative decision-makers have and the potential for them to err. If someone other than a judge, makes a decision regarding your housing, employment, benefits, you may be able to apply for judicial review to ensure that their decision is lawful.

If you have any questions about judicial review and whether you might have a potential case, please book a consultation with us.

https://synthesislegal.cliogrow.com/book

None of the above, is intended to be legal advice, but merely conveys general information. We invite you to discuss your matter with us further.

 

Article by: Ali Al-Samak, Stephanie Streat