In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?
A) Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it.
B) Joe, a student, was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate, Joe being Jewish.
C) Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.
D) Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality.
E) Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.

Question

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?
A) Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it.
B) Joe, a student, was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate, Joe being Jewish.
C) Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.
D) Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality.
E) Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.

Quizplus · Accepted Answer

Joe's application for a liquor license was denied due to his failure to complete the application form and pay the required fee, which are procedural requirements. This is a straightforward administrative decision, and Joe would not be successful in challenging it as the denial is based on his non-compliance with clear procedural requirements.

In Which One of the Following Situations Would Joe Not