Harvey Lawson v. Environmental Appeal Board, The Corporation of the District of Vancouver

Decision Date: November 27, 1984

Court: S.C.B.C., Paris, J.

Cite: Vancouver Registry No. A842083

Mr. Lawson (the “petitioner”) applied for judicial review of a Board decision on the grounds that the Board did not act in accordance with the rules of procedural fairness in ruling against the introduction of new grounds of appeal by the petitioner. The petitioner also submitted that the Board committed an error of law or jurisdiction in refusing to allow the new grounds of appeal.

The Court found that the Board did give full consideration to whether it should have permitted the addition of the new grounds of appeal. Moreover, there was nothing to indicate that in ruling against the petitioner the Board did not act in accordance with the rules of procedural fairness and/or committed an error of law or jurisdiction. The Court found that the even if the Board had jurisdiction to hear new grounds of appeal, it ultimately had discretion over whether or not to hear these new grounds.