In a recent decision dismissing a petition for judicial review, and upholding the Safety Standards Appeal Board’s decision to vary a monetary penalty imposed by a safety manager under the Safety Standards Act, the BC Supreme Court confirmed the specialized supervisory role of the Board.
The Safety Standards Appeal Board hears appeals of decisions made by safety officers and safety managers under the Safety Standards Act, as well as appeals brought under the Homeowner Protection Act and the Building Act.
Justice Gomery of the BC Supreme Court held that the Board, as independent specialist tribunal, was entitled to substitute its own opinion as to the appropriate monetary penalty , and did not need to defer to the decisions of the safety manager. The Court also noted that the Board was entitled to considerable deference by the Court in judicial reviews.
Mark G. Underhill and Kate R. Phipps of Arvay Finlay represented the Safety Standards Appeal Board.