Section 110(2) of the ESA states: A decision or order of the tribunal under this Act or the regulations on any matter in which it has jurisdiction is final and conclusive and is not open to question or review in a court on any grounds.
Section 67(2) of the TFWPA states: A decision or order of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
A party to an application for reconsideration at the Tribunal who disagrees with a reconsideration decision of the Tribunal may apply for judicial review of the decision to, initially, the Supreme Court of British Columbia under the Judicial Review Procedure Act. A decision of the Supreme Court of British Columbia may be appealed to the British Columbia Court of Appeal. A decision of the British Columbia Court of Appeal may be appealed to the Supreme Court of Canada.
The following is a listing of judicial review decisions related to Tribunal decisions that have been issued under the ESA. At this time, no judicial review decisions have been made related to the TFWPA.
Appeal dismissed: (2010-06-02) 2010 BCCA 272 Actton Transport Ltd. v. British Columbia (Employment Standards)
Appeal allowed: (2010-02-25) 2010 BCCA 97 The Taiga Works Wilderness Equipment Ltd. v. Director of Employment Standards
Supplementary reasons regarding court costs: (2010-07-30) 2010 BCCA 364) The Taiga Works Wilderness Equipment Ltd. v. Director of Employment Standards
(see also decision regarding court costs: (2012-06-14) 2012 BCSC 871)
Appeal dismissed: (2013-03-05) 2013 BCCA 96 Canwood International Inc. v. Bork
Leave to appeal to the Supreme Court of Canada dismissed: (2013-07-25) 2013 CanLII 45852 Canwood International Inc. v. Olaf Bork, et al.
Oral Reasons for Judgment (BCSC) – Judicial Review of BC EST # RD129/14 ICN Consulting Inc. carrying on business as Caregivers.ru also known as Nannies for Hire, also known as International Caregiversnetwork.ca
Appeal dismissed: (2016-11-18) 2016 BCCA 457 Gorenshtein et al. v. Employment Standards Tribunal et al.