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. ...
City administrator’s decision to revoke taxi plate licences was upheld on the basis that there was no procedural unfairness, and that the decision to revoke the licences was itself fair. Administrative Law – Bias – Bylaws – Decisions reviewed – Judicial Review – Municipalities – Natural Justice – Permits and Licences – Procedural requirements and ...
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 – ...
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 ...
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 ...
The court held that the Workers’ Compensation Appeal Tribunal’s (“WCAT”) decision to deny a worker’s claim was patently unreasonable, as the court held that WCAT made findings with respect to the worker’s experience of a traumatic event without interviewing or assessing the worker, and made a medical finding that was contrary to the opinion of ...
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 ...
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 ...
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 ...
