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Community Care and Assisted Living Appeal Board




 


Reasons for Decisions

This web page contains final and preliminary decisions of the CCALAB from May 2004 (proclamation of the Community Care and Assisted Living Act) to the present.

The names of the parties involved in the appeal are generally included, however, personal identifiers of some witnesses or third parties may be removed to protect the privacy of children, youth and adults in care.  Click here to view the Board's Decision Publication Policy.

The official version of the CCALAB decision is the signed original in the Board's files. If there is a discrepancy between a decision on our web site and the official version, the official version is authoritative. To obtain a copy of the official version or a decision of the Community Care Facility Appeal Board released prior to 2004, please contact the Board.

Note: These decisions have been converted to PDF. Any error in these decisions will be corrected as identified.

If you would like to see a summary of past decisions of the former Community Care Facility Appeal Board prior to May, 2004, view the Former Board Decisions page.


NEW - Decision Publication Policy - Effective January 1, 2017, decisions published on the CCALAB website will no longer be automatically anonymized to protect the identity of individual appellants.
 
Click here to see a copy of the new policy. Use the feedback button below to send us your comments.

2019

Society of Richmond Children's Centres v. Vancouver Coastal Health Authority
(Preliminary Application re Jurisdiction and Stay -- Appeal Dismissed and Request for Stay Denied
2019-CCA-002(a) issued September 20, 2019

The Appellant appealed the decision of Licensing Officers of Vancouver Coastal Health Authority (the Respondent) to impose of a term on the Appellant’s license to operate one if its childcare centres. Additionally, the Appellant sought a stay of the publication of the report of the Licensing Officers regarding the incident which sparked their investigation. The Respondent argued the Community Care and Assisted Living Appeal Board (the CCALAB) lacked jurisdiction to consider the appeal because there was no reconsideration of the Licensing Officers’ decision by a Medical Health Officer (MHO) as required by the legislation. The CCALAB agreed with the Respondent that because a MHO had not reviewed nor reconsidered the decision the CCALAB lacked jurisdiction to consider the appeal and to order the Stay of publication. However, in coming to the finding regarding the lack of jurisdiction, the CCALAB set out several actions of the Respondent in handling the matter which were problematic and gave the CCALAB cause for concern.

2018

Joanne Hodgins v. Director, Early Childhood Educator Registry
(Preliminary Application for Stay -- Application Denied)
2018-CCA-002(a) issued May 4, 2018

The Respondent’s application for a six month stay of proceedings was denied on the basis that the Respondent failed to provide a compelling reason to justify the stay. The Chair of the Board held that granting the stay under the circumstances of the case would have effectively sanctioned the delay of an already inexplicably protracted investigation process, and would have been unfair to the Appellant who had already had her certification to work as an early childhood educator suspended for over a year pending the conclusion of the investigation.

Culbert v. Island Health
(Preliminary Issue of Jurisdiction -- Appeal Dismissed)
2018-CCA-001(a) issued March 19, 2018

In 2016, a Medical health Officer (MHO) imposed a condition on the Appellant’s licence which prevented her from managing the daycare or directing any aspect of the care. The Appellant did not seek reconsideration of that condition or seek to appeal it. In 2017, the MHO inspected the facility, which resulted in a subsequent risk assessment report that set out a “high” risk rating. That inspection led to an investigation, which required the Appellant to submit a health and safety plan. The plan, which the MHO approved, contained 4 terms. The Appellant appealed the MHO’s findings of regulatory non-compliance to the Board. The Board sought submissions from the parties on the preliminary issue of the Board’s jurisdiction over the appeal. The Chair of the Board ultimately held that the Board lacked jurisdiction to consider the appeal because the regulatory action taken by the MHO did not fall under section 29 of the Community Care and Assisted Living Act (CCALA). In particular, the Chair held that the Board did not have jurisdiction under section 29(2)(d) of the CCALA as there was no evidence that the Appellant or any other party to the proceeding was a person whose Early Childhood Educator certification was at issue. The Chair further held that the Board lacked jurisdiction under section 29(2)(b) of the CCALA because the health and safety plan had expired so could not constitute “summary action” under section 17 of the CCALA, and went further to note that even if the plan had still been in effect, not all supervisory or regulatory restraints imposed by an MHO amount to an action or summary action under section 17 of the CCALA.

2017

Au-Yeung v. Dr. James Lu (Vancouver Coastal Health)
(Application to receive documents in confidence under s. 42 of the ATA – Granted)
2017-CCA-001(a) issued June 9, 2017

KN v Interior Health Authority
(Final Decision – Appeal Dismissed)
2016-CCA-001(a) issued April 4, 2017

2016

X v. Y Health Authority
(Final Decision – Appeal Dismissed)
2015-CCA-002(b) issued October 24, 2016

ZHH v. Interior Health
(Application for Summary Dismissal – Granted. Appeal dismissed)
2014-CCA-005(d) issued August 18, 2016

ZHH v. Interior Health
(Applications for stay of proceedings and summary dismissal – Denied)
2014-CCA-005(c) issued June 24, 2016

2015

X v. Y Health Authority
(Application to receive documents in confidence under s. 42 of the ATA – Disclosure of documents ordered on conditions)
2015-CCA-002(a) issued September 29, 2015

ZHH v. Interior Health
(Preliminary Decision regarding Respondent’s appeal record and Appellant’s preliminary statement of points)
2014-CCA-005(b) issued May 13, 2015

ASMSM Canada Investment Inc. v. Assisted Living Registrar
(Final Decision – Application for Summary Dismissal – Granted, Appeal Dismissed)
2014-CCA-002(a) issued June 9, 2015

2014

ZHH v Interior Health
(Application for interim Stay order pending appeal – Denied)
2014-CCA-005(a) issued December 22, 2014

AMS v. Vancouver Island Health Authority
(Final Decision – Appeal Dismissed)
2012-CCA-002(b) issued December 17, 2014

CM v Island Health
(Application for interim Stay order pending appeal – Granted on conditions)
2014-CCA-003(a) issued October 30, 2014

JM v Island Health
(Final Decision - Appeal Dismissed)
2013-CCA-002(b) issued October 24, 2014

2013

JM v Island Health
(Application for interim Stay order pending appeal – Denied)
2013-CCA-002(a) issued December 13, 2013

AMS v. Vancouver Island Health Authority
(Application for document disclosure – Granted)
2012-CCA-002(a) issued April 8, 2013

RKS v. Director, Early Childhood Educator Registry
(Final Decision – Appeal Dismissed)
2012-CCA-001(a) issued February 19, 2013

2012

EK v. Director, Early Childhood Educator Registry
(Final Decision - Appeal allowed. Remitted back to Respondent with direction)
2011-CCA-003(a) issued February 6, 2012

2011

SNM v. Director, Early Childhood Educator Registryy
(Final Decision - Appeal allowed in part.  Remitted to Respondent on conditions)
2011-CCA-001(a) issued November 29, 2011

MC v. Fraser Health Authority
(Final Decision - Appeal Dismissed)
2010-CCA-006(a) issued June 13, 2011

AC v. Fraser Health Authority
(Preliminary Decision - Jurisdiction - Appeal Rejected)
2010-CCA-009(a) issued February 1, 2011

2010

North Shore Fun & Fitness Ltd v. Vancouver Coastal Health Authority
(Order - Terms of Settlement incorporated under s.17(2)ATA - Appeal Dismissed)
( 42Kb)

SH v. Fraser Health Authority
(Final Decision - Appeal Dismissed))
2010 BCCCALAB 8 ((
112kb)112kb)

TF v. Chief Medical Health Officer, Northern Health Authority
(Final Decision - Appeal Dismissed)
2010 BCCCALAB 7 (
57Kb)

MT v. Fraser Health Authority
(Application for Summary Dismissal - Denied)
2010 BCCCALAB 6 (
34Kb)

MM v. Medical Health Officer, Vancouver Coastal Health Services
(Application for Interim Stay - Denied)
2010 BCCCALAB 5 (
62Kb)

AG v. Director, Early Childhood Educator Registry
(Final Decision - Appeal Dismissed)
2010 BCCCALAB 4 (
44Kb)

SH v. Manager, Community Licensing
(Order regarding Hearing of Appeal)
2010 BCCCALAB 3 (
19Kb)

MT v. Director, Early Childhood Educator Registry
(Final Decision - Appeal Dismissed)
2010 BCCCALAB 2 (
49Kb)

MR v. Director, Early Childhood Educator Registry
(Final Decision - Appeal Dismissed)
2010 BCCCALAB 1 (
49Kb)

2009

SH v. Manager, Community Licensing
(Application for Adjournment - Granted; Application to Extend Interim Stay Order - Denied; Application for Expedited Cancellation of Interim Stay Order - Denied)
2009 BCCCALAB 8 (
55kb)

SH v. Manager, Community Licensing
(Application to Refuse Postponement - Denied; Application to Lift Stay - Denied; Application to Remove Stay Condition - Denied)
2009 BCCCALAB 7 (
49Kb)

SH v. Manager, Community Licensing
(Application for Interim Stay Order - Granted on Conditions)
2009 BCCCALAB 6 (
24Kb)

BD v. Early Childhood Educator Registry
(Final Decision - Appeal Dismissed)
2009 BCCCALAB 5 (
20Kb)

GS and CAS v. Assisted Living Registrar
(Final Decision - Appeal Dismissed)
2009 BCCCALAB 4 (
30Kb)

TJ v. Vancouver Island Health Authority
(Final Decision - Appeal Dismissed)
2009 BCCCALAB 3 (
60Kb)

PB v. Early Childhood Educator Registry
(Final Decision - Appeal Dismissed)
2009 BCCCALAB 2 (
75Kb)

GS and CAS v. Assisted Living Registrar
(Application for Interim Stay Order - Granted on Conditions)
2009 BCCCALAB 1 (
23Kb)

2008

MP v. Vancouver Island Health Authority
(Reasons for Final Decision - Appeal Dismissed)
2008 BCCCALAB 10a (
126Kb)

MP v. Vancouver Island Health Authority
(Oral Final Decision - Appeal Dismissed)
2008 BCCCALAB 10 (
29Kb)

JC v. Northern Health Authority
(Application to Extend time for Filing - Denied; Application to Dismiss - Granted; Appeal Dismissed)
2008 BCCCALAB 9 (
  PDF 43kb)

MP v. Vancouver Island Health Authority
(Application for Extension of Stay Order - Granted on Conditions)
2008 BCCCALAB 8 (
PDF 20Kb)

Twenty-four Residents v. Vancouver Island Health Authority and Cowichan Lodge
(Application to Dismiss - refused; Appeal Allowed - Exemption set aside; alternatively, Appeal dismissed as moot)
2008 BCCCALAB 7 (
PDF 25Kb)

SB, CB, SG and JN v. Vancouver Island Health Authority and Cowichan Lodge
(Application for Stay order pending appeal - Granted)
2008 BCCCALAB 6 (
PDF 40Kb)

BG and FS v. Fraser Health Authority and Valleyhaven Guest Home
(Final decision - Appeal allowed)
2008 BCCCALAB 5
( PDF 76Kb)

MP v. Vancouver Island Health Authority
(Application for Stay pending appeal - Granted on conditions)
2008 BCCCALAB 4 (
PDF 37Kb)

KR v. Fraser Health Authority
(Final decision - Appeal dismissed)
2008 BCCCALAB 3
( PDF 103Kb)

BR v. Early Childhood Educator Registry
(Final decision - Appeal dismissed)
2008 BCCCALAB 2
( PDF 60Kb)

PC v. Fraser Health Authority
(Decision Respecting Settlement of Appeal)
2008 BCCCALAB 1
( PDF 34Kb)

PC v. Fraser Health Authority
(Order - Terms of Settlement incorporated under s.17(2)ATA - Appeal Dismissed)
( PDF 17Kb)

2007

PC v. Fraser Health Authority
(Application to vary conditional Stay order - Granted with further conditions)
2007 BCCCALAB 8 (
PDF 30Kb)

PC v. Fraser Health Authority
(Application for Stay order pending appeal - Granted on conditions)
2007 BCCCALAB 7 (
PDF 40Kb)

EL v. Vancouver Coastal Health
(Final Decision - Appeal allowed - Reconsideration decision varied)
2007 BCCCALAB 6 ((
PDF 137KbPDF 137Kb)

KR v. Fraser Health Authority
(Application for Stay order - Denied)
2007 BCCCALAB 5 (
PDF 17Kb)

KR v. Fraser Health Authority
(Application to revoke Stay order - Order vacated)
2007 BCCCALAB 4 (
PDF 27Kb)

KR v. Fraser Health Authority
(Request to vary and clarify Stay order - Granted with further conditions)
2007 BCCCALAB 3 (
PDF 32Kb)

KR v. Fraser Health Authority
(Application for Stay pending appeal - Granted on conditions)
2007 BCCCALAB 2 (
PDF 38Kb)

DP v. Interior Health Authority
(Final Decision - appeal dismissed)
2007 BCCCALAB 1 (
PDF 101Kb)

2006

SBR v. Interior Health Authority
(Final Decision - Appeal allowed in part)
2006 BCCCALAB 9 (
PDF 31Kb)

SBR v. Interior Health Authority
(Application to Rescind Stay - Denied on conditions)
2006 BCCCALAB 8 (
PDF 26Kb)

SBR v. Interior Health Authority
(Application for Stay Extension - Granted on conditions)
2006 BCCCALAB 7 (
PDF 21Kb)

SBR v. Interior Health Authority
(Application for Stay - Granted on conditions)
2006 BCCCALAB 6 (
PDF 34Kb)

SBR v. Interior Health Authority
(Continuation of Interim Stay - Granted)
2006 BCCCALAB 5 (
PDF 31Kb)

SBR v. Interior Health Authority
(Application for Interim Stay - On consent)
2006 BCCCALAB 4 (
PDF 15Kb)

RA v. Early Childhood Educator Registry
(Final Decision - Allowed and remitted back to Respondent for reconsideration on consent)
2006 BCCCALAB 3 (
PDF 21Kb)

SBR  v. Interior Health Authority
(Preliminary Decision - Jurisdiction accepted in part)
2006 BCCCALAB 2 (
PDF 80Kb)

KL v. Fraser Health Authority
(Application for Interim Stay - Denied)
2006 BCCCALAB 1  (
PDF 20Kb)

2005

Kids Time Childcare v. Interior Health Authority
(Order Vacating Interim Stay)
2005 BCCCALAB 9 (
PDF 17Kb)

Kids Time Childcare v. Interior Health Authority
(Application for Interim Stay - Granted on conditions)
2005 BCCCALAB 8 (
PDF 62Kb)

TA v. Early Childhood Educator Registry
(Final Decision - Appeal dismissed)
2005 BCCCALAB 7 (
PDF 58Kb)

Imagination Blvd Learning Society v. Fraser Health Authority
(Application to Cancel Interim Stay - Granted)
2005 BCCCALAB 6 (
PDF 88Kb)

Imagination Blvd Learning Society v. Fraser Health Authority
(Application for Interim Stay - Granted on conditions)
2005 BCCCALAB 5 (
PDF18Kb)

NAK v. Vancouver Coastal Health Authority
(Final Decision - Appeal dismissed)
2005 BCCCALAB 4 (
PDF 26Kb)

NV v. Vancouver Coastal Health Authority
(Final Decision - Appeal dismissed)
2005 BCCCALAB 3 (
PDF 13Kb)

Casa Del Vida v. Vancouver Coastal Health Authority
(Final Decision - Appeal dismissed)
2005 BCCCALAB 2 (
PDF 21Kb)

Casa Del Vida v. Vancouver Coastal Health Authority
(Preliminary Decision - Jurisdiction accepted)
2005 BCCCALAB 1 (
PDF 29Kb)

2004

SC v. Early Childhood Educator Registry
(Final Decision - Appeal dismissed)
2004 BCCCALAB 2 (
PDF 36Kb)

WM v. Interior Health Authority
(Preliminary Decision - Jurisdiction accepted)
2004 BCCCALAB 1 (
PDF 71Kb)

 

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