Can a decision of the Minister to resume a portion of land for highway purposes under a reservation contained in a Crown grant be reviewed?
British Columbia, Canada
The following excerpt is from Galloway et al. v. Lawson et al., 2006 BCSC 1922 (CanLII):
In Moser v. Her Majesty the Queen in Right of British Columbia (1981) 24 LCR 226, Mr. Justice Hines said that the decision of the Minister to resume a portion of land for highway purposes under a reservation contained in a Crown grant was reviewable, and that the Minister in exercising the discretion to resume must exercise the discretion fairly.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
What is the applicable standard of review for the purpose of determining whether a decision was reasonable? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
What is the standard of review applied to a Minister's surrender decision? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
