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ARTICLE · 04 APRIL 2025

Beyond Statutory Immunity: British Columbia Supreme Court Case Exposes New Civil Liability Risks For Regulators

Unfair regulatory investigations and decisions now present more than just judicial review risks...

CanadaLitigation, Mediation & Arbitration

Unfair regulatory investigations and decisions now present more than just judicial review risks – the regulator may be exposing themselves, their staff and even legal counsel to civil liability. In Thmbran v. The British Columbia College of Nurses and Midwives  (Thmbran), the British Columbia Supreme Court permitted tort claims against both the College of Nurses and Midwives (College) and individual staff members to proceed, establishing that statutory immunity offers limited protection where there is bad faith handling of regulatory complaints.1

Case background

The dispute arose from a complaint alleging that a registered nurse failed to respond appropriately to reports of resident-on-resident sexual misconduct at a long-term care facility.2 The College's investigation exhibited many troubling irregularities that ultimately drew judicial criticism.3 The appointed inspector allegedly misrepresented key facts in a way that implicated the nurse, including changing

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