Victoria
Suite 12 - 2544 Dunlevy St.
Victoria, BC  V8R 5Z2
Tel: (250) 480-7481
DEBORAH LOVETT, QC - PARTNER
CONTACT DETAILS
Suite 12 - 2544 Dunlevy St.
Victoria, BC  
V8R 5Z2
Tel:
Fax:
Email:
(250) 480-7404
(250) 480-7455
dl@lw-law.ca

Areas of Expertise

BAR MEMBERSHIP

  • British Columbia, 1981

EDUCATION

  • LL.B., University of Victoria, 1980
  • B.A., University of Victoria, 1980

Deborah Lovett, QC

Deborah (Debbie) and Angela (Angie) Westmacott established Lovett Westmacott in 1997, after practicing for many years as litigators in the Ministry of Attorney General's Administrative and Constitutional Law Section. Debbie was appointed Queen's Counsel in 1999.

Debbie practices in the fields of administrative, constitutional and human rights law. She advises and represents a broad range of public sector clients and self-governing professionals. She has extensive tribunal as well as judicial review and appellate litigation experience, having appeared at all levels of court, including the Supreme Court of Canada. She was involved extensively in the BC Attorney General's Administrative Justice Project, which Project culminated in the introduction of the Administrative Tribunals Act. Debbie was the primary author of the report Model Statutory Powers Provisions for Administrative Tribunals (Administrative Justice Project, Ministry of Attorney General, August 2003 © Her Majesty the Queen in Right of the Province of British Columbia), author of Providing Tribunals with Essential Powers and Procedures, Report and Recommendations (Administrative Justice Project, Ministry of Attorney General, July 2002 © Her Majesty the Queen In right of the Province of British Columbia) and co-author (with Angie) of Human Rights Review - A Background Paper (Administrative Justice Project, Ministry of Attorney General, December 2001 © Her Majesty the Queen in Right of the Province of British Columbia).

Debbie also acts as a neutral, providing investigation services primarily in the area of workplace disputes and discrimination and harassment complaints.

Debbie has written extensively on administrative law and human rights. Her past appointments include Chair, 2004 Judicial Justices Compensation Commission, Vice-Chair Safety Standards Appeal Board, Member, Law Society Discipline Committee, Member of the Criminal Records Appeal Board, Member of the Human Rights Council and Inspector, Degree Authorization Act. She is currently a member of the Board of Directors for Consumer Protection BC.

SELECTED COUNSEL WORK

Administrative and constitutional law:

  • Sobeys West Inc. v. College of Pharmasists of British Columbia, [2016] B.C.C.A. 41
  • Pezim v. British Columbia (Superintendent of Brokers), [1994] 2 S.C.R. 557
  • Reference re Residential Tenancies Act (N. S.), [1996] 1 S.C.R. 186
  • United Nurses of Alta. v. A.G. Alta, [1992] 1 S.C.R. 186
  • United Food and Commercial Workers Union v. Kmart Canada Ltd. (1997), 149 D.L.R. (4th) 1 (B.C.C.A)
  • Everywoman's Health Centre Society (1988) v. Bridges (1991), 54 B.C.L.R. (2d) 273 (C.A.)
  • MacMillan Bloedel v. Mills (1996), 73 B.C.A.C. 62
  • B.C. Association of Private Care v. British Columbia (Attorney General), (1997), 90 B.C.A.C. 178
  • R. v. Bartowski, 2004 BCSC 44

Human rights:

  • Terry Grismer (Estate) v. British Columbia Council of Human Rights (Member Designate Tom Patch) and British Columbia Superintendent of Motor Vehicles, [1999] 3 S.C.R. 868
  • Insurance Corporation of British Columbia v. Yuan, 2009 BCCA 279
  • Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Health Services v. Emergency Health Services Commission, 2007 BCSC 460.
  • Collins v. Abrams, 2001 BCCA 129
  • Mans v. Council of Licensed Practical Nurses (British Columbia) (1993), 23 B.C.A.C. 246

Forensic Mental Health:

  • Mazzei v. Director of Adult Forensic Psychiatric Services and Attorney General of British Columbia, 2006 SCC 7;
  • John v. Director, Adult Forensic Psychiatric Services and Attorney General of British Columbia, 2008 BCCA 265;
  • Mazzei v. Director of Adult Forensic Services, 2006 BCCA 321;
  • R. v. Rindero, 2004 BCSC 735;
  • Forensic Psychiatric Services Commission v. Mental Health Act Review Panel, 2001 B.C.S.C. 1658.

Information and Privacy:

  • Aquasource v. Information and Privacy Commissioner (1995), 1 B.C.L.R. (3d) 180 (S.C.); B.C. (Minister of Environment Lands and Parks) v. British Columbia (Information and Privacy Commissioner) (1996), 16 B.C.L.R. (3d) 64 (S.C.)
  • Greater Vancouver Mental Health Service Society v. British Columbia (Information and Privacy Commissioner), [1999] B.C.J. No. 198 (S.C.)
  • Yukon Medical Council v. Yukon (Information and Privacy Commissioner), 2002 YKCA 14.

SELECTED REPORTS + PUBLICATIONS

  • Criminal Code Court-Ordered Psychiatric and Psychological Assessments and the Role of the Forensic Psychiatric Services Commission, (2011) 69 Advocate 663
  • Administrative Tribunal Jurisdiction over Constitutional Issues and the New Administrative Tribunals Act, (2005) Advocate 177
  • That Enigmatic Curial Deference and the Continuing and Most Curious Search for Legislative Intent - What to Do, What to Do? (2004) 17 CJALP 207
  • Practice and Procedure Before the Information and Privacy Commissioner - Jurisdictional and Evidentiary Considerations, Continuing Legal Education (February 2001)
  • Labour Arbitrators and Human Rights, Concurrent or Exclusive Jurisdiction? Continuing Legal Education (April 1999)
  • Criminal Contempt of Court Orders (1994), 52 Advocate 387
  • That Curious Curial Deference - Ascertaining the Appropriate Standard of Review of a Tribunal's Decision (1995), 8 CJALP 193, 53 Advocate 541

SELECTED DECISIONS

  • Axton v. B.C. Transit, [1997] 28 C.H.R.R. D/337
  • Dewetter v. Northland Securities Ltd., [1997] 29 C.H.R.R. D/9.
  • Insurance Corporation of British Columbia v. Automotive Retailers Association, [2013] BCSC 2025