Administrative and Public Law
The firm has a diverse public law practice, which includes acting for and against provincial and federal administrative tribunals and ministries in judicial review proceedings, administrative appeals, marketing board proceedings, constitutional challenges and permit hearings.
John Hunter and Randy Kaardal have both been recognized in The Best Lawyers in Canada in the area of administrative and public law. John has an active marketing board practice and has acted in a wide variety of legal challenges to administrative decisions. Randy has broad experience in public law disputes, with an emphasis in human rights and employment disputes. Mike Stephens is an annual contributor to the Continuing Legal Education’s Annual Review of Law and Practice in the area of Administrative Law, and has experience before administrative tribunals and courts in judicial review proceedings.
Some of the cases our counsel have been involved in include:
In the Matter of British Columbia Hydro and Power Authority and An Application for Approval of the 2008 Long Term Acquisition Plan, (British Columbia Utilities Commission, 2009), successfully opposing BC Hydro’s proposed 2008 Long Term Acquisition Plan on the grounds that it was not in the public interest.
Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 1, determining whether mandatory overtime provisions of the Employment Standards Act are incorporated as terms of non-union employment contracts and whether entitlement to overtime in accordance with such provisions can be pursued by civil court action.
Teal Cedar Products Ltd. v. British Columbia, 2008 BCSC 239, challenging the constitutionality of a portion of the Protected Areas Forests Compensation Act which grants the Minister of Forests the authority to make a decision related to the payment of compensation by the Province.
International Forest Products Ltd. v. British Columbia, 2006 BCSC 233, successfully challenging timber scaling decisions as being ultra vires for, among other things, being issued contrary to the rules of procedural fairness.
Musqueam Indian Band v. City of Richmond et al, 2005 BCSC 1069, concerning an administrative law challenge to the British Columbia Lottery Corporation’s decision to relocate a Richmond casino.
Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, a decision which establishes the principles applicable to government consultation with potentially affected first nations when making statutory decisions affecting land.
Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74, a companion case to Haida Nation, which establishes circumstances when the duty of consultation with first nations has been met.
K.L.B. v. British Columbia, 2003 SCC 51, a leading case on vicarious liability of the Crown.
C.D. Lee Trucking Ltd. v. Industrial Wood and Allied Workers of Canada (1998), 47 C.L.R.B.R. (2d) 1 (B.C.S.C.), establishing principles concerning the standard of reasonable apprehension of bias of a member of the Labour Relations Board and ordering the Chair of the Board to not be involved with a certain labour relations dispute.