The year 2002 marked the beginning of a lengthy legal battle began Mr. Salway, a Member, and the Association of Professional Engineers and Geoscientists of British Columbia (APEG) which has, at different stages, revealed significant lessons for regulators about administrative…
A complainant under the Health Professions Act does not have access to ongoing investigation evidence. As an applicant for review, however, a complainant has a prima facie right to access the “record” in a matter. Under s. 42 of the Administrative…
A complaint against student registrants of a health professions college may lead to decisions about the students by both registration and inquiry committees, but a complainant will not have a right to apply for review of a registration decision by…
While complainants under the Health Professions Act have a clear right to apply for reviews of Inquiry Committee decisions, the position of complainants under other statutes will depend on the wording of the enactment. For example, a complainant under the…
An application for review of an Inquiry Decision dismissing a complaint as frivolous or vexatious may itself be summarily dismissed by the Health Professions Review Board where it has no reasonable prospect of success. This is illustrated in The Complainant…