Anderson et al. v. British Columbia (Attorney General), 2003 BCSC 1299

• Judge: Pitfield, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: August 22, 2003
• Jurisdiction: British Columbia
• Citations: 2003 BCSC 1299;[2003] B.C.T.C. 1299 (SC)

Anderson v. B.C. (A.G.), [2003] B.C.T.C. 1299 (SC)

MLB headnote and full text

Temp. Cite: [2003] B.C.T.C. TBEd. SE.027

In The Matter Of the Judicial Review  Procedure Act, R.S.B.C. 1996, c. 241

And In The Matter Of the Decision of the Provincial Government of British Columbia, as Represented by the Attorney General of British Columbia with respect to the Claims of the Adult Petitioners for Funding for Autism Treatment for the Infant Petitioners

Ryan Anderson, an infant, by his Guardian ad Litem, the said Judy Anderson in her personal capacity; Ryan Anthony, an infant, by his Guardian ad Litem, Karen Anthony, and the said Karen Anthony in her personal capacity; Christian Aquilini, an infant, by his Guardian ad Litem, Paolo Aquilini, and the said Paolo Aquilini in his personal capacity; Cameron Bridges, an infant, by his Guardian ad Litem, David Bridges, and the said David Bridges in his personal capacity; Pearson Chan, an infant, by his Guardian ad Litem, David Chan, and the said David Chan in his personal capacity; Lawrence Dabbagh, an infant, by his Guardian ad Litem, Anita Dabbagh, and the said Anita Dabbagh in her personal capacity; R.D., an infant, by his Guardian ad Litem, Y.D., and the said Y.D. in her personal capacity; Hayden Ewing, an infant, by his Guardian ad Litem, Arleene Ewing, and the said Arleene Ewing in her personal capacity; Nicholas Frank, an infant, by his Guardian ad Litem, Debbra Mackie, and the said Debbra Mackie in her personal capacity; P.G., an infant, and J.G, an infant, both by their Guardian ad Litem, R.G., and the said R.G. in her personal capacity; Gary Matthew Groenke, an infant, by his Guardian ad Litem, Gary Groenke, and the said Gary Groenke in his personal capacity; Clinton Kam, an infant, and Brendan Kam, an infant, both by their Guardian ad Litem, Janny Kam, and the said Janny Kam in her personal capacity; Aaron Lewis, an infant, by his Guardian ad Litem, Jean Lewis, and the said Jean Lewis in her personal capacity; Matt Rowan, an infant, by his Guardian ad Litem, Mark Rowan, and the said Mark Rowan in his personal capacity; Allison Marshall, an infant, by her Guardian ad Litem, Beverley Sharpe, and the said Beverley Sharpe in her personal capacity; Alexander McLeod, an infant, by his Guardian ad Litem, Barbara McLeod, and the said Barbara McLeod in her personal capacity, Derek Paciejewski, an infant, by his Guardian ad Litem, Barbara Paciejewski, and the said Barbara Paciejewski in her personal capacity; Tessa Spiller, an infant, by her Guardian ad Litem, Franca Pastro, and the said Franca Pastro in her personal capacity; Kyle Pike, an infant, by his Guardian ad Litem, Kim Pike, and the said Kim Pike in her personal capacity; McKenzie Querns, an infant, and Nolan Querns, an infant, both by their Guardian ad Litem, Douglas Querns, and the said Douglas Querns in his personal capacity; Ariel Raskin, an infant, by her Guardian ad Litem, Avery Raskin, and the said Avery Raskin in his personal capacity; Adam Schertzer, an infant, by his Guardian ad Litem, Ruth Wingerin, and the said Ruth Wingerin in her personal capacity, and John Lyons Walter, an infant, by his Guardian ad Litem, Robert Walter, and the said Robert Walter in his personal capacity (petitioners) v. The Attorney General of British Columbia (respondent)

(L030566; 2003 BCSC 1299)

Indexed As: Anderson et al. v. British Columbia (Attorney General)

British Columbia Supreme Court

Vancouver

Pitfield, J.

August 22, 2003.

Summary:

This headnote contains no summary.

Civil Rights - Topic 938

Discrimination - Government programs - Health and social services - See paragraphs 1 to 35.

Civil Rights - Topic 960.1

Discrimination - Mental or physical disability - General - See paragraphs 1 to 35.

Estoppel - Topic 386

Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings (incl. validity of statutes) - See paragraphs 1 to 35.

Cases Noticed:

Auton et al. v. British Columbia (Minister of Health) et al., [2001] B.C.T.C. 220; 2001 BCSC 220, varied (2002), 173 B.C.A.C. 114; 283 W.A.C. 114; 2002 BCCA 538, refd to. [para. 2].

Auton et al. v. British Columbia (Minister of Health) et al. (1999), 7 B.C.T.C. 258 (S.C.), refd to. [para. 2].

Auton et al. v. British Columbia (Minister of Health) et al., [2000] B.C.T.C. 536; 2000 BCSC 1142, refd to. [para. 7].

Bjarnarson (H.R.) v. Manitoba (1987), 50 Man.R.(2d) 178; 21 C.P.C.(2d) 302 (C.A.), refd to. [para. 19].

Counsel:

C.E. Hinkson, Q.C., and B. von Krosigk, for the petitioners;

L. Mrozinski and L. Greathead, for the respondent.

This case was heard on June 17 and 18, 2003, before Pitfield, J., of the British Columbia Supreme Court, who delivered the following decision on August 22, 2003.

Please note: The following judgment has not been edited.