Can costs be awarded for or against an administrative tribunal in a judicial review?
British Columbia, Canada
The following excerpt is from Bradshaw v Workers’ Compensation Board, 2017 BCSC 1092 (CanLII):
Generally, costs are not awarded for or against an administrative tribunal in judicial review proceedings. In Lang v. British Columbia (Superintendent of Motor Vehicles), 2005 BCCA 244, Mr. Justice Donald, writing for the court, held at para. 2 that if the decision is set aside, costs should not be awarded against the tribunal unless: (a) the tribunal exhibited misconduct or perversity in the proceedings before it; or (b) made submissions on the merits of the judicial review application and did not limit itself to jurisdiction.
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