Regulated Marketing: Judicial Reviews of Appeal and Supervisory Decisions

All BCFIRB appeal and supervisory related decisions made under the Natural Products Marketing (BC) Act are subject to judicial review.

To start a judicial review of a BCFIRB appeal decision you must file a petition with the B.C. Supreme Court within sixty (60) days of a BCFIRB panel decision. 

A petition cannot simply challenge a BCFIRB decision as being wrong. 

A petition must allege that BCFIRB:

• Made a patently unreasonable finding of fact or law or exercise of discretion,
• Acted in a procedurally unfair manner, or
• Made an incorrect jurisdictional decision.

If you wish to appeal a decision of the B.C. Supreme Court, you can appeal to the Court of Appeal upon obtaining leave (permission from a justice of the Court of Appeal) to do so.

BCFIRB posts B.C. Supreme Court decisions on its appeals:

• B.C. Vegetable Greenhouse I, L.P. et al v British Columbia Marketing Board - September 2005
• B.C. Vegetable Greenhouse I, L.P. et al v B.C. Marketing Board - April 2005
• Global Greenhouse Produce et al v B.C. Marketing Board & B.C. Hothuse Foods v BC Vegetable Greenhouse et al - October 2003
• Ponich Poultry Farm Ltd v B.C. Marketing Board - September 2002
• B.C. Chicken Marketing Board v B.C. Marketing Board and Jim Hong - August 2002
• B.C. Chicken Marketing Board v B.C. Marketing Board - April 2002
• Money's Mushrooms Ltd v B.C. Marketing Board - July 2001
• Money's Mushrooms Ltd v B.C. Marketing Board - December 1999
• Hallmark Poultry Processors ltd., v BC Marketing Board and B.C. Chicken Marketing Board - December - December 1999
• B.C. Egg Marketing Board v B.C. Marketing Board - July 1991