GENOVESE and BUILDING SERVICES BOARD

The applicant, Mr. Genovese, sought review of the Building Services Board's decision to refuse his application for registration as a building service practitioner and contractor. The applicant argued that he met the statutory requirements for registration, including the seven-year experiential requirement and the fit and proper person requirement. The Board argued that the applicant did not meet the experiential requirement because his experience was limited to electrical work. The Board also argued that the applicant did not meet the fit and proper person requirement.

The court considered whether the applicant's experience in supervising electrical work could be considered experience in supervising building work, and whether the applicant was a fit and proper person to be registered. The court rejected the Board's argument that the applicant's experience was limited to electrical work, noting that electrical work is one of many building trades. The court held that the applicant's seven years of experience in supervising electrical work could reasonably be expected to provide him with the knowledge and skills necessary to supervise all building work. The court also rejected the Board's argument that the applicant was not a fit and proper person to be registered, noting that the fit and proper person requirement is concerned with more than just issues of moral integrity and good character.

The court held that the applicant met the statutory requirements for registration and remitted the matter to the Board for reconsideration. The Board was directed to consider the applicant's application for registration on the basis that he met the experiential and fit and proper person requirements.