Society of Richmond Children’s Centres v. Vancouver Coastal Health Authority

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.