| Case name: |
Ocean Port Hotel Ltd. v. British Columbia (Liquor Control) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Ocean Port Hotel Limited |
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Appellant |
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British Columbia (Liquor Control) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Ryan, Catherine Anne |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Frey, Michael W.W. |
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Respondent |
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| Decision: |
Application for stay of a decision of the Court of Appeal pending appeal to the Supreme Court of Canada. The Court's earlier decision resulted from the appeal of an administrative tribunal's decision in relation to the suspension of a liquor license. That decision had set aside the suspension on grounds that the tribunal lacked independence. The applicant alleged that the earlier decision would not only seriously interfere with operation of the liquor regulation scheme but it also called into question the independence of a number of other tribunals such as the Expropriation Compensation Board established under the Expropriation Act, R.S.B.C. 1996, c. 125. The applicant sought an order that would preserve the functions of all similar tribunals established under British Columbia legislation.
The court acknowledged that its earlier decision might be used to challenge decisions of other tribunals. However, it observed that those decisions would remain valid until set aside by an order of a competent tribunal. The court suggested that the Attorney General could apply for an order declaring temporary validation of the other tribunals affected but it declined to make such an order on the present application. However, a stay was granted in relation to the judgment under appeal. |
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| Neutral citation: |
1999 BCCA 468 |
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| ExLaw citation: |
[1999] EXLAW 304 |
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| Parallel citations: |
(1999) 19 Admin. L.R. (3d) 169 |
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(1999) 128 B.C.A.C. 130 |
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[1999] B.C.J. No. 1888 |
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(1999) 208 W.A.C. 130 |
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