Question
Consider each of the following independent situations: a) Joe Lim, a landlord, applied to the appropriate board for relief from certain restrictions under the Residential
Consider each of the following independent situations:
a) Joe Lim, a landlord, applied to the appropriate board for relief from certain restrictions under the Residential Tenancy Act, but his request was refused. To Joe's surprise, at the beginning of the session, one of the board members declared that he was the father of one of Joe's tenants. The board member did this so that all parties would be aware of any bias he might have and NOT be affected by it.
b) Gene Lu was applying for a government student loan and was refused because he was NOT registered in a recognized education program. Registered education programs are set out in the loan program regulations but the statue creating the loans program was silent with respect to this restriction. Gene asked the loans officer about this discrepancy and was told this regulation did NOT have to be specifically authorized by statute.
c) Toni Corona applied for a liquor licence for her nightclub. Her application was denied on the grounds that she did NOT complete the application form and did NOT pay the prescribed application fee.
Required: For each situation, identify whether the individual would be successful or unsuccessful in their challenge of the decision of the board or tribunal, and explain your conclusion. (4.5 marks)
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