Posting of Professional Discipline Hearing Notice is Actionable

Posted by Admin on November 7th, 2008 — Posted in Uncategorized

Get Acceptance Corporation v. British Columbia (Registrar of Mortgage Brokers), 2008 BCCA 404, deals with collateral attack on the decision making powers of a professional discipline hearing body by way of a law suit. The issue in this case turned on whether the Registrar of Mortgages could be sued for posting hearing notices as opposed to that action having to be appealed through the slated statutory mechanism.

Turns out that the act of posting hearing notices is not an appealable decision under the statute and can be the basis for an action in Court. That decision does not speak to the merit of any such action and merely opens the door to a new category of possible actions.

Building Bylaw Breach

Posted by Johannes Schenk on November 5th, 2008 — Posted in Municipal Law

Take a look at Burnaby (City of) v. Hayre, 2008 BCCA 412 for an example of a breach of a building bylaw and the subsequent municipal action to rectify the offending breach.

The Court of Appeal decision fixes a rather odd error made by the lower Court, that is, that the bylaw breach had to occur by way of a specific building type as opposed to a mere non-permitted structure. Constructing any structure without a permit ought to have been enough to find a breach and that is exactly what the Court of Appeal did.

Make sure that your permits are in order before you proceed building something.