Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...
Administrative law – Horse racing – Judicial review – Administrative decisions – Natural justice – Bias – Familiarity – Jurisdiction – Standard of review – Patent unreasonableness Greenwood v. Alberta (Appeals Tribunal), [2003] A.J. No. 471, Alberta Court of Queen’s Bench, April 15, 2003, Belzil J. The Applicant was a trainer of a thoroughbred horse that ...
Administrative law – Workers compensation – Worker – Definition – Liability of sole director of a corporation – Statutory provisions – Privative clauses – Judicial review – Administrative decisions – Jurisdiction – Standard of review – Patent unreasonableness – Evidence Poulin v. Manitoba (Workers’ Compensation Board), [2003] M.J. No. 122, Manitoba Court of Appeal, April 23, 2003, ...
Administrative law – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Aboriginal issues – Judicial review – Standard of review – Correctness Alberta (Human Rights and Citizenship Commission) v. Elizabeth Metis Settlement, [2003] A.J. No. 484, Alberta Court of Queen’s Bench, April 17, 2003, Bielby J. Elizabeth Metis Settlement (“the Settlement”) is ...
Administrative law – Boards and tribunals – Labour Relations Board – Jurisdiction to hear constitutional questions relating to enabling statute British Columbia Teachers’ Federation v. British Columbia (Attorney General), [2003] B.C.J. No. 785, British Columbia Supreme Court, April 8, 2003, Satanove J. On January 28, 2002, members of the BCTF left the premises of their ...
Administrative law – Human rights complaints – Discrimination – Marital status Saskatchewan (Human Rights Commission) v. Prince Albert Elks Club Inc., [2002] S.J. No. 552, Saskatchewan Court of Appeal, September 26, 2002, Vancise, Lane and Jackson JJ.A. Ms. Ennis married Mr. Ennis in 1993 while he was serving a life sentence at a penitentiary for ...
Administrative law – Prisons – Visiting rights – Judicial review applications – Compliance with legislation – Mootness – Breach of procedural fairness McGahey v. Joyceville Penitentiary, [2002] F.C.J. No. 1281, Federal Court of Canada – Trial Division, September 19, 2002, Gibson J. On September 30, 2000, the Applicant and her daughter went to the Joyceville Institution ...
Administrative law – Pharmacists – Disciplinary proceedings – Billing practices – Boards and tribunals – Bias Sawchuk v. Manitoba Pharmaceutical Assn., [2002] M.J. No. 384, Manitoba Court of Queen’s Bench, September 25, 2002, Darichuk J. In the summer of 1998, a series of articles was published in a newspaper alleging fraudulent billing practices on the part ...
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Adjudication – Judicial review application – Standard of review – Not patently unreasonable Helgesen v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2238, British Columbia Supreme Court, October 3, 2002, Macaulay J. Mr. Helgesen was driving a motor ...