Appeal from order setting aside verdict of a coroner’s inquest on basis that the inquest was procedurally unfair. Appeal allowed on basis that the procedural deficiencies did not support quashing the verdict. Verdict reinstated.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Evidence – Judicial review – Parties – Standing – Procedural requirements and fairness Charlie v. Canada (Attorney General), [2013] Y.J. No. 61, 2013 YKCA 11, Yukon Territory Court of Appeal, September 12, 2013, M.E. Saunders, D.F. Tysoe, and E.A. Bennett JJ.A. The appellant ...

Tribunal appealed judicial review decision setting aside the tribunal’s decision on the basis of an issue not raised by the parties on judicial review. Appeal allowed, chambers judge’s order set aside, and petition for judicial review dismissed.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Courts – Evidence – Issues not raised by parties Vandale v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 1968, 2013 BCCA 391, British Columbia Court of Appeal, September 9, 2013, S.D. Frankel, N.J. ...

Judicial review of decision of Superintendent of Motor Vehicles upholding roadside prohibition. Decision of Superintendent set aside on basis that “warn” reading on approved screening device was not, on its own, evidence to indicate petitioner’s ability to drive was affected by alcohol.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Permits and licences – Evidence – Standard of review – Reasonableness simpliciter Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1960, 2013 BCSC 1638, British ...

Physician appealed decision of College’s disciplinary committee, which concluded the physician engaged in disgraceful, dishonourable, and unprofessional conduct, and reprimanded and revoked the physician’s certification

23. July 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Investigations – Competence – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Appeals – Standard of review – Reasonableness simpliciter – Evidence – Procedural requirements and fairness Liberman v. ...

Judicial review of decision of adjudicator under Police Act reviewing disciplinary decision that found the officer breached the Charter but did not commit misconduct

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Privative clauses – Charter of Rights and Freedoms – Search and seizure Lowe v. Diebolt, [2013] B.C.J. No. 1331, 2013 BCSC 1092, British Columbia Supreme Court, June ...

Application to Court of Queen’s Bench from municipal zoning decision for an order compelling the municipality to provide written reasons for its decision.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation Eagle’s Nest Youth Ranch Inc. v. Corman Park (Rural Municipality, No. 344), [2013] S.J. No. 354, 2013 SKQB 218, Saskatchewan Court of ...

The appellants successfully appealed an arbitrator’s decision on the basis that the arbitrator erred by failing to give effect to the ordinary and plain meaning of a statutory provision regarding employment benefits

Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Benefits – Judicial review – Appeals – Compliance with legislation – Statutory interpretation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Assn., [2013] B.C.J. No. 767, ...

The appellants successfully appealed a decision of the Law Enforcement Review Board, setting aside a decision of the Chief of Police of the Calgary Police Service, directing that a hearing be held in relation to a complaint against two constables with the Calgary Police Service

Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Professional governance and discipline – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Calgary (Police Service) v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 306, 2013 ABCA 124, Alberta Court of Appeal, ...

The applicant successfully sought leave to appeal an order of a justice of the Supreme Court of British Columbia dismissing its appeal from an order of the Forest Appeals Commission

Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Statutory interpretation British Columbia v. Canadian National Railway, [2013] B.C.J. No. 802, 2013 BCCA 185, British Columbia Court of Appeal, ...