Dismissal of an “At Pleasure Appointee”
Dismissal of statutory appointees has recently been examined by the BC Supreme Court in McKenzie v. Minister of Public Safety and Solicitor General et al., 2006 BCSC 1372 and Martin v. The City of Vancouver, 2006 BCSC 1260. Martin involved the wholesale dismisal of the Vancouver Board Of Variance and McKenzie concerns the dismissal of a Residential Tenancy Act arbitrator. Both cases turn on specific statutory language governing the appointments and consider the tribunal’s independence as a factor in determining whether the appointment is truly at pleasure or requires the dismissal to be measured on some basis for cause. The outcome in both cases is different and they make for a contrasting read on dismissal of statutory appointees.