Damages not Available on Judicial Review

In Madadi v. B.C. College of Teachers 2014 BCSC 1062 Madame Justice Gropper considered whether damages could be awarded in judicial review proceedings and whether a statutory exemption from liability for the College of Teachers applied. In this case, the appellant was a teacher who had been prohibited from teaching for one year as a result of a discipline proceeding. The case had taken aproximately 10 years to be completed. Mr. Madadi launched an appeal under section 40 of the Teaching Profession Act. He also claimed compensatory damages as part of the appeal. By the time the case was heard the College had agreed to vacate the discipline order against him, so mootness became an issue. The Act contains an exemption from liability clause in favour of the college, its council, a member, an officer or an employee of the college provided he/she is acting in good faith. The Court held that this provision was a full answer to the claim. However the Justice addressed the applicable principles and in an erudite decision which considered many authorities, determined that damages are not available in proceedings which are tantamount to a judicial review. As her starting point, she followed case law from the SCC to the effect that a statutory appeal and judicial review from decisions of administrative tribunals are subject to the same principles: Dr.Q v. College of Physicians and Surgeons of B.C. 2003 SCC 19. The case is further useful because Mr. Madadi asked the Supreme Court to award him damages under the Human Rights Code. The Court refused to do this on the basis that the Code did not grant such authority to a superior court.