Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records

15. August 2017 0
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...

Elementary school will open following Supreme Court of Newfoundland and Labrador ruling that the previously appointed Board of Trustees did not have the authority to close school

15. August 2017 0
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...

BCSC confirms Consumer Protection BC’s position that collection company must stop attempting to contact debtors following request that communication be in writing only

15. August 2017 0
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...

Alberta Court of Queen’s Bench held it did not have jurisdiction to extend the deadline for service in application for judicial review

An application for judicial review was struck because it was served outside the six-month limitation period. The court held it did not have jurisdiction to extend the deadline for service. Administrative Law – Appeals – Judicial Review – Jurisdiction – Limitations Baker v. Drouin, [2017] A.J. N o. 329, 2017 ABQB 204, Alberta Court of ...

Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld

20. April 2017 0
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition. Administrative Law – Arbitration Board – Decisions reviewed – Judicial Review – Motor vehicle accidents – Reasonableness – Standard of Review Farmers’ Mutual Insurance Co. ...

Court held that the Superintendent was not legally bound to follow the chambers judge’s obiter comments about his power to reopen a case

24. November 2016 0
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...

Court ordered a reconsideration of doctor’s hospital privileges application for lack of procedural fairness

24. November 2016 0
The administrative decision-maker was held to have breached its duty of procedural fairness because it failed to share all relevant information with the applicant and failed to provide him with a reasonable opportunity to respond before the decision was made. Administrative law – Decisions of administrative tribunals – Duty to disclose evidence – Health authorities ...

Court declined to exercise its discretion to extend the deadline for filing an application for judicial review

26. August 2016 0
An application for judicial review of a Board of Examiners in Psychology’s decision was dismissed for being brought out of time, as the applicant had the Board’s full decision and did not file the application by the deadline to file. Administrative law – Board of Examiners of Psychologists – Competence – Decisions of administrative tribunals ...