Schooled by the BCSC for Prematurity

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review application – Premature – Remedies – Interlocutory injunctions – Schools and school boards – Discrimination Independent School Authority v. Parent, [2022] B.C.J. No. 623, 2022 BCSC 570, British Columbia Supreme Court, April 7, 2022, W.A. Baker J. The petitioners, a private school, seek ...

Disgruntled Strata Owner Takes a Loss

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure

17. May 2022 0
Administrative law – Municipalities – Decisions reviewed – Municipal council – By-laws – Judicial review – Procedural requirements and fairness – Remedies – Mandamus Michetti v. Pouce Coupe (Village), [2022] B.C.J. No. 505, 2022 BCSC 472, British Columbia Supreme Court, March 22, 2022, S.C. Fitzpatrick J. The petitioner, Lorraine Michetti, was the Mayor of the ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...

The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation

19. April 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Compliance with legislation [Interpretation] – Judicial review – Appeals and leave to appeal – Standard of review – Reasonableness – Workers compensation – Pensions – Eligibility Canada (Attorney General) v. Burke, [2022] F.C.J. No. 321, 2022 FCA 44, Federal Court of Appeal, March 15, 2022, ...

City failed to balance the severity of the interference with Charter values against a policy on acceptable advertising when it relied on a national regulatory body to remove advertisements

15. March 2022 0
Administrative law – Decisions reviewed – City – Judicial review – Standard of review – Reasonableness – Municipal – Advertising policy – Human rights complaints – Charter Guelph and Area Right to Life v. Guelph (City), [2022] O.J. No. 363, 2022 ONSC 43, Ontario Superior Court of Justice, January 26, 2022, M.L. Edwards R.S.J., M.K. ...

Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing

15. March 2022 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Standard of review – Reasonableness – Human rights complaints – Discrimination – Race – Evidence Wint v. Alberta (Human Rights Commission), [2022] A.J. No. 137, 2022 ABQB 87, Alberta Court of Queen’s Bench, January 31, 2022, D.R. Mah J. The applicant applied ...

Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard

15. March 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Legislative compliance – Appeals – Standard of review – Reasonableness – Municipalities – Building permits – Bylaws – Planning and zoning G.S.R. Capital Group Inc. v. White Rock (City), [2022] B.C.J. No. 180, 2022 BCCA 46, British Columbia Court of Appeal, February 4, ...

Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable

15. March 2022 0
Administrative law – Decisions reviewed – Public Sector Integrity Commissioner – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Gordillo v. Canada (Attorney General), [2022] F.C.J. No. 137, 2022 FCA 23, Federal Court of Appeal, February 9, 2022, W.W. Webb, J.B. Laskin and M. Rivoalen JJ.A. ...