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Pioneer Garage Limited dba Fraser Valley Pre-Owned (#40190), Damian Smart (#109080)
Issues:• Pioneer (#40190) argued that the disclosure of documents to the Authority’s lawyer demonstrates a lack of appropriate controls on the handling of documents covered by the deliberative privilege.
• Pioneer asserted that the lack of controls requires an independent review of the Registrar’s and Authority’s information infrastructure.
• Pioneer further argued that, if inappropriate communications occurred between the Registrar and the Authority, the Registrar should dismiss Ms. Barclay’s and the Authority’s complaint against Pioneer.
• The Registrar found that the disclosure of the documents to the Authority’s lawyer was the result of administrative error.
• Before the Registrar’s deliberative process can be placed under independent review, proof of actual interference with the independence of the adjudicator must be shown. Speculative arguments are insufficient.
• No evidence exists of any interference with the Registrar’s independence as adjudicator exists in this case.
• The Registrar found that his own internal review was sufficient and that an independent review was unwarranted.
• The Registrar found that his legislative mandate contemplated and resolved any potential issues with his sharing infrastructure with the Authority.
• The Registrar found that an appearance of unfairness arose from the disclosure of documents to the Authority’s lawyer. That lawyer may have an unfair advantage in the case.
• The Registrar found that a reasonable person, thinking the matter through, would accept that a new hearing before a new adjudicator would be fair.
• The Registrar ordered a new hearing before a Deputy Registrar.
Corrigendum: The Registrar clarified the language of his decision, by noting that no order for disclosure was issued and clarifying the circumstances leading up to and surrounding that disclosure.
