Stewart McDannold Stuart
Client Bulletin
June 2011
 
June 2011 – Important New Licensing Appeal Board Decision

On June 13, 2011, the Community Care and Assisted Living Appeal Board released its decision in Coleman v. Fraser Health Authority; an important decision setting out how the Appeal Board will approach all future appeals brought before it.

First of all, some background.  In 2008, the Supreme Court of Canada gave its decision in Dunsmuir v. New Brunswick which changed the law regarding the standard of review and the degree of deference which courts and administrative appeal boards should apply on any appeal before them.  Until the Coleman decision, the Community Care and Assisted Living Appeal Board had not made a decision about how the Dunsmuir case would affect proceedings before the Appeal Board. (more…)