Unsuitability finding to discharge RCMP officer in place of a disciplinary sanction was unreasonable

26. August 2016 0
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...

Workers’ Compensation Board’s decision to deny benefits quashed when Board failed to include appropriate specialists on a Medical Review Panel

The Workers’ Compensation Board (the “Board”) appealed a decision of a chambers judge to the Saskatchewan Court of Appeal, as the chambers judge had quashed the Board’s decision to deny benefits and ordered a new medical review panel (“MRP”) in favour of a worker who sought compensation for a workplace accident. The appeal was ultimately ...

BC Court of Appeal held that administrator of a strata corporation could not replace bylaws without approval of voters

Absent specific statutory authorization, the B.C. Court of Appeal held that a court may not order that an administrator can exercise powers without approval by a resolution passed by a majority vote pursuant to section 174(7) Strata Property Act (the “Act”), as this would abrogate the democratic rights of owners under the Act. Administrative law ...

Alberta Court of Appeal did not have jurisdiction to hear appeal from chambers judge’s decision to deny leave under the Municipal Government Act

The Alberta Court of Appeal held that, pursuant to the Municipal Government Act, RSA 2000, c.M-26 (the “MGA”), it did not have jurisdiction to hear an appeal of the Alberta Court of Queen’s Bench’s decision to refuse leave to appeal. Administrative law – Appeal Process – Appeals – Assessment Review Board – Decisions of administrative ...