Judicial Reviews

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The Commissioner's formal rulings, including Orders and Decisions, are subject to judicial review by the B.C. Supreme Court. This table summarizes pending or completed judicial review proceedings to date.

Click on the registry number or case citation to access a PDF of the judicial review decision. Paper copies can be obtained from the court registry specified. Decisions from January 1996 to the present are also available on the B.C. Superior Court website.

Year
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Legislation
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Type Document Title Status Registry Number / Citation
Order F16-08 Ministry of Justice Court date not yet set Victoria Registry S16-1459
Order F15-58 British Columbia Lottery Corporation Petition dismissed. Order upheld. Vancouver Registry S-159731
Order F15-49 University of British Columbia Court date set for November 24 and 25, 2016 Vancouver Registry S-158377
Order F15-31 City of Richmond Heard July 4, 2016 - Reserved Judgement Vancouver Registry S-156741
Order F15-22 Ministry of Justice Discontinued Victoria Registry S-152671
Order F15-13 Ministry of Health Discontinued Victoria Registry S-151649
Order F15-05 West Vancouver Police Department Petition dismissed. Vancouver Registry S-152619
Order F14-50 City of New Westminster Rehearing request withdrawn when records disclosed. Vancouver Registry S-150777
Order F14-27 Vancouver Island Health Authority Consent to rehear (resulting in F15-23) Vancouver Registry S-146981
Order F14-23 Ministry of Justice (Civil Forfeiture Office) Resolved by consent order. Victoria S-143365
Order F14-22 Ministry of Justice (Civil Forfeiture Office) Petition dismissed. Decision upheld. Victoria S-143365
Order F14-20 Ministry of Transportation and Infrastructure Consent to rehear Vancouver S-146285
Order F14-05 BC Pavilion Corporation ("PavCo") Discontinued Vancouver Registry S-142648
Order F13-30 Vancouver Island Health Authority Notice of Discontinuance: September 12, 2014 Vancouver Registrary S14-0403
Order F13-23 British Columbia Lottery Corporation Consent Order to set aside Order F13-23 Issued July 14, 2014. Vancouver Registry S13-9394
Order F13-14 Township of Langley Petition dismissed. Vancouver Registry S-136273
Order F13-02 Financial Institutions Commission Court set aside order and sent back to OIPC for resolution pursuant to FIPPA Vancouver Registry S-131763, S-131802, S-131819 and S-136213.
Order F12-14 Insurance Corporation of British Columbia Order quashed. Vancouver Registry S-128510
Order F12-04 British Columbia Lottery Corporation By Consent, Petition dismissed as moot without any determination on the merits. Vancouver S-121861
Order F12-02 Provincial Health Services Authority Judicial Review heard Dec. 18, 2013. Adjudicator's decision with respect to s. 13(1) quashed and matter remitted to the Commissioner for reconsideration. Vancouver S-121527, 2013 BCSC 2322
Order F11-34 Ministry of Transportation and Infrastructure Petition discontinued Jan. 29, 2013 Victoria Registry S120196
Order F11-28 British Columbia Lottery Corporation Consent Order dated 13 Dec 2012 sending it back for additional hearing by the OIPC on the custody and control issue. Vancouver S-117399
Order F11-25 British Columbia Lottery Corporation Appeal filed by OIPC 21 Jan 2013. Court set aside Commissioner's order and directed a new hearing only if Applicant confirms that he still wants records. Vancouver S-116639
Order F11-21 Ministry of Education JR not yet heard Victoria S-114058
Order F11-16 Provincial Health Services Authority Judicial Review not yet heard. Vancouver S-11429
Order F11-12 British Columbia Lottery Corporation Petition is dismissed. Paras. 1 and 3 of the Order are set aside. Vancouver Registry S-114078, 2013 BCSC 11
Decision F11-01 Law Society of British Columbia Court found adjudicator's decision to exercise his discretion to not hold an inquiry under s. 56 of FIPPA was reasonable. The petition is dismissed. Petitioner applied to re-open case and subsequently a Supplementary Reasons for Judgement, a Corrigendum to Reasons and Reasons for Judgement re Costs were issued on July 8, 2013. Vancouver S-113225
Order F10-39 Ministry of Citizens' Services Petition dismissed. Order upheld. 2012 BCSC 875; Victoria 11-0108
Order F10-31 Ministry of Children and Family Development Applicant petition dismissed, Order partially upheld and partially remitted back to OIPC for hearing by BC Supreme Court. Order upheld by Court of Appeal. 2012 BCCA 277; Vancouver S106689
Order F10-28 Vancouver Coastal Health Authority Petition dismissed. 2011 BCSC 904; Vancouver S-106484;
Order F10-19 Board of Education of School District No. 49 (Central Coast) Court found A/Commissioner had jurisdiction to adjudicate questions of solicitor-client privilege and that correct legal test was applied in this case. However Court concluded A/Commissioner erred in ordering Board to disclose documents. Court quashed A/Commissioner's order to disclose redacted documents. 2012 BCSC 427; Vancouver S105020
Decision F10-04 Ministry of Public Safety and Solicitor General Public Body's petition dismissed. Third Party's petition partially upheld. Order partially upheld and partially remitted back to OIPC. 2011 BCSC 1244; Vancouver S085647 and S092479
Order F09-13 Canada Line Rapid Transit Inc. Judicial Review regarding one item and Schedule 16; public body has complied with remainder of Order. Vancouver S096985
Order F09-07 Provincial Health Services Authority Decision on s. 3(1)(b) set aside and returned to delegate to consider which documents are excluded from production; decision on control of records subject to publication ban upheld. 2010 BCSC 931; Vancouver S094064
Order F09-06 University of British Columbia Order partially set aside and remitted back to OIPC for a hearing. Action No. S093711 (Vancouver)
Order F09-02 Ministry of Labour and Citizens’ Services Petition dismissed. 2010 BCSC 1162; Vancouver S-097178
Order F08-22 Fraser Health Authority Discontinued Nov. 23, 1999. Vancouver S900993
Order F08-18 Office of the Premier Order mostly upheld; petition partially allowed regarding a few passages which the Court ordered withheld. 2011 BCSC 112; Victoria 09 2882
Order F08-17 Office of the Premier Petition dismissed; Order upheld. 2011 BCSC 112; Victoria 09 2882
Decision F08-07 Ministry of Labour and Citizens' Services Petition dismissed. Decision upheld. 2009 BCSC 1700; Vancouver S086470
Order F08-13 Ministry of Public Safety and Solicitor General Public Body's petition dismissed. Third Party's petition partially upheld. Order partially upheld and patially remitted back to OIPC. 2011 BCSC 1244; Vancouver S085647 and S092479
Order F08-10 The Board of Education of School District No. 69 (Qualicum) Consent orders setting aside Order F08-10 regarding s. 21 without remittal back to OIPC. Action Nos. S084717 and S084569
Order F08-02 University of Victoria Judicial Review not yet heard. Victoria 08 0510
Order F08-01 Simon Fraser University Order Set Aside; appeals filed. The Applicant died before the appeal was heard and the motions for substitution dismissed. CAUT's appeal was dismissed as moot. 2011 BCCA 334; 2009 BCSC 1481; Vancouver S081215
Order F07-18 University of British Columbia The petitioner discontinued this proceeding Sept. 12, 2013 Vancouver S077117
Order F05-30 The Corporation of the City of New Westminster Discontinued Jan. 23, 2006.
Order F05-06 (Amended) Insurance Corporation of British Columbia Discontinued Oct. 17, 2005.
Order 04-28 Ministry of Transportation Discontinued Oct. 5, 2005.
Order 04-05 The Board Of School Trustees Of School District No. 68 (Nanaimo-Ladysmith) Order partially upheld and partially remitted for reconsideration. 2006 BCSC 131; Vancouver L040803
Order 04-04 The Board of School Trustees of School District No. 68 (Nanaimo-Ladysmith) Order partially upheld and partially remitted for reconsideration. 2006 BCSC 131; Vancouver L040803
Order 03-43 Vancouver Island Health Authority Petition dismissed without costs Nanaimo S43832
Order 03-14 Ministry of Management Services Petition successful. Order set aside. 2004 BCSC 1597
Order 03-03 University of British Columbia Discontinued Nov. 19, 2003.
Order 02-56 Architectural Institute of British Columbia Petition dismissed; Order upheld. Appeal abandoned May 19, 2004. 2004 BCSC 217
Order 01-52 Ministry of Water, Air and Land Protection Cross-appeals by OIPC and access applicants allowed. Guide Outfitters' appeal dismissed. Order upheld. 2004 BCCA 210; Victoria 020013; 2002 BCSC 1492 [2002]; BCJ No. 237
Order 01-40 Workers' Compensation Board Discontinued Nov. 19, 2001. Vancouver L012563
Order 01-39 Translink Petition dismissed; Order upheld. 2002 BCSC 603
Order 00-50 Inquiry regarding ICBC records Discontinued May 1, 2002. Vancouver L003359
Order 00-24 Inquiry regarding Ministry of Employment and Investment loan documents Discontinued Dec. 15, 2002. Victoria 003740
Order 00-22 Inquiry regarding Attorney General health services contracts Petition dismissed; Order upheld. 2001 BCSC 101
Order 00-11 Inquiry regarding the College of Physicians and Surgeons' decision not to disclose complaint records Discontinued July 3, 2002. Vancouver L001168
Order 00-08 Inquiry regarding records of the College of Physicians and Surgeons of British Columbia Petition dismissed by Supreme Court. Court of Appeal upheld the s. 14 finding, but quashed the s. 13(1) decision. Leave to appeal to the Supreme Court of Canada denied. 2002 BCCA 665; Vancouver L001168
Order No. 322-1999 Inquiry Re: Legal Services Society’s refusal to release the names and amounts paid to the top five “billers” for 1998 for immigration matters and criminal cases Petition successful. Order set aside. Appeal dismissed. 2003 BCCA 278; Vancouver A992300
Order No. 308-1999 Inquiry Re: A refusal by the Liquor Distribution Branch of the Ministry of Small Business, Tourism and Culture to disclose records to a customer Petition successful. Order set aside. 99 2641 Victoria BC Supreme Court
Order No. 293-1999 Inquiry Re: The Sierra Legal Defence Fund’s request for a review of a Ministry of Forests fee estimate and subsequent refusal to waive the fee Decision to allow fee waiver upheld. Ministry appealed, but appeal later was abandoned. 99 1290 Victoria BC Supreme Court; Victoria V03523
Order No. 290-1999 Inquiry Re: The application of section 3(1)(h) by the Vancouver Police Department Judicial Review not yet heard. Vancouver A990611
Order No. 281-1998 Inqury Re: A decision by the Regional District of Nanaimo to sever information from the draft Official Community Plan for Nanoose Bay Petition successful. Order set aside. 99 0019 Victoria BC Supreme Court [1999] B.C.J. No. 1283
Decision N/A City of Vancouver Rescinded. Vancouver A991303
Decision N/A Law Society of British Columbia Judicial Review not yet heard. A982729 Vancouver BC Supreme Court
Order No. 195-1997 Inquiry Re: A request for records in the custody or under the control of the Ministry of Attorney General, Coordinated Law Enforcement Unit (CLEU) Petition dismissed by consent of the parties. Order remains in effect. A97 2947 Vancouver BC Supreme Court
Order No. 144-1997 Inquiry Re: An applicant and a third party’s request for a review of decisions made by Greater Vancouver Mental Health Services Society with respect to access to a complaint file Petition successful. Order partially set aside and partially remitted for reconsideration. Reconsideration cancelled July 8, 1999 Vancouver A970437 Vancouver BC Supreme Court
Decision N/A B.C. Transit Corporation Authorization upheld (but the absolute prohibition would have been remitted had it not already expired). A97 0544 Vancouver BC Supreme Court
Order No. 126-1996 Inquiry Re: A media request for access to all records concerning an agreement between the University of British Columbia, Coca-Cola Bottling Ltd., and other third parties Petition successful. Order partially quashed, and remitted for reconsideration. Petitioner withdrew April 26, 2000. New decision is Order 01-02. 2000 BCSC 598
Order No. 115-1996 Inquiry Re: A request for access to a school counsellor’s notes Petition dismissed. Order upheld. A96 2846 Vancouver BC Supreme Court
Order No. 108-1996 Inquiry Re: A decision of the Ministry of Health and the Ministry Responsible for Seniors to refuse an applicant access to adult forensic psychiatric records Petition successful. Order remitted for reconsideration and reissued as Order 108A. A96 2692 Vancouver BC Supreme Court
Order No. 74-1995 Inquiry Re: A request for the release of records by the Legal Services Society concerning amounts paid for the criminal defense of two possible recipients of legal aid Petition successful. Order set aside. A96 0275 Vancouver BC Supreme Court
Order No. 73-1995 Inquiry Re: A decision by the Ministries of Health and Finance and Corporate Relations to refuse access to computer backup tapes containing deleted e-mail Petition dismissed by consent order. A96 0195 Vancouver BC Supreme Court
Order No. 61-1995 Inquiry Re: A refusal by the District of North Vancouver to disclose an interim legal bill about a current court case Petition successful; Order set aside. A95 4022 Vancouver BC Supreme Court
Order No. 56-1995 Inquiry Re: A request by the Cowichan Estuary Preservation Society for environmental test results submitted to the Ministry of Environment, Lands and Parks by Fletcher Challenge Canada Limited Petition dismissed. Order upheld A95 3676 Vancouver BC Supreme Court
Order No. 48-1995 A request for access to records of the Ministry of Employment and Investment and the Office of the Premier Petition dismissed. Order upheld. Appeal dismissed. CA 022585 Vancouver BC Court of Appeal; Vancouver A952695
Order No. 39-1995 Inquiry Re: A Request for Access to Complaint Records held by the City of Langley Petition dismissed without reasons. Order upheld. S031050 New Westminster BC Supreme Court
Order No. 36-1995 Inquiry Re: A Request for Access to the Name of a Complainant in a Record Held by the Ministry of Environment, Lands and Parks concerning the Saturna Island Landfill Petition successful. Order set aside. Appeal abandoned. A95 1426 Vancouver BC Supreme Court
Order No. 29-1994 Inquiry Re: A Request for Access to Records about Cypress Bowl Recreation Ltd., held by the Ministry of Environment, Lands and Parks and the Ministry Responsible for Human Rights and Multiculturalism Petition successful. Order set aside. A94 3843 Vancouver BC Supreme Court
Order No. 22-1994 Inquiry Re: A Request for Access to Records of the Workers’ Compensation Board of British Columbia and A Request to Review a Decision by the Workers’ Compensation Board of British Columbia to Disclose a Record Petition dismissed. Order upheld. A94 2824 Vancouver BC Supreme Court
Order No. 8-1994 Inquiry Re: A Request for Access to Records of the Ministry of Employment and Investment and the Office of the Premier Petition successful. Order set aside and remitted for reconsideration. Later reissued as Order 48-94. A94 1851 Vancouver BC Supreme Court