Summary of Meetings
Number of Meetings Held:4
December 09, 2020
Registration Count: 130
Guest Speaker: Julie Gibson, BC Civil Resolution Tribunal Devyn Cousineau, BC Human Rights Tribunal
Meeting Title/Topic: Online Admin Hearings and Tribunals – tips and tricks
Synopsis:Julie Gibson of BC's Civil Resolution Tribunal and Devyn Cousineau of BC's Human Rights Tribunal provided attendees with their experience as administrative tribunal adjudicators who conduct online hearings, as well as provide attendees with tips and tricks in participating in adjuication via online platform
February 10, 2021
Registration Count: 127
Guest Speaker: Madam Justice Lyster, BC Supreme Court
Meeting Title/Topic: Judicial Review Advocacy before the BC Supreme Court: Thoughts from Madam Justice Lyster
Synopsis:Madam Justice Lyster of the BC Supreme Court provided observations and tips for legal counsel representing parties in applications for judicial review, including best practices for written and oral advocacy, and how to address issues that may arise when appearing against self-represented parties.
April 22, 2021
Registration Count: 183
Guest Speaker: Meera Bennett, Ministry of Attorney General – Legal Services Branch Katie Webber, Ministry of Attorney General, Constitutional and Administrative Law Group
Meeting Title/Topic: Annual Admin Law Case Law Update
Synopsis:Our popular annual Admin Law Case Law Update is back for 2021. This lunchtime session canvassed key decisions of the past year, including the post-Vavilov landscape and how the revised standard of review framework has been applied so far in BC.
May 17, 2021
Registration Count: 68
Guest Speaker: Tom A. Posyniak, Fasken Martineau DuMoulin LLP Clayton J. Gallant, Gudmundseth Mickelson LLP
Meeting Title/Topic: From Vavilov to Wastech: The Impact of the Administrative Law Standard of Review on Appeals from Commercial Arbitration Awards
Synopsis:In Vavilov, the Supreme Court of Canada set out a new approach for determining the standard of review that applies to the judicial review of an administrative decision. Since Vavilov was released, lower courts have struggled to determine whether its analysis applies to appeals from commercial arbitration awards, thereby overruling, in part, the Court's previous decisions in Sattva and Teal Cedar. Most recently, in Wastech, the Court split in its approach to the issue, with the majority leaving the resolution of the issue to another day, and the concurring judgment determining that Vavilov did change the standard of review for commercial arbitration appeals.
Our speakers discussed the various approaches to the issue taken by the lower courts and the Supreme Court of Canada and offer their predictions as to how the issue will ultimately be resolved. Tom Posyniak intervened on behalf of the BCICAC on the Vavilov case and urged the Supreme Court of Canada not to alter the standard of review for commercial arbitrations. Our other speaker, Clayton Gallant, has been involved in two cases since Vavilov where this issue has arisen.
Comments and Observations of the Chair
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