The appellant Regina Qu’Appelle Regional Health Authority sucessfully appealed a lower court decision affirming a tribunal’s decision that the Health Authority acted unreasonably in the treatment of the respondent physician’s disruptive behaviour

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Disruptive behaviour – Penalties and suspensions – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Standard of review – Correctness Regina Qu’Appelle Regional Health Authority v. Dewar, [2013] S.J. No. 9, 2013 SKCA 3, Saskatchewan Court of ...

The appellant employer successfully appealed a decision of the provincial Workplace Health, Safety and Compensation Commission Appeals Tribunal, which had set aside a decision of the provincial Workplace Health, Safety and Compensation Commission dismissing the respondent employee’s claim for compensation benefits for “gradual onset stress.”

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Investigations – Workers compensation – Government employees – Federal and provincial legislation – Psychological injury – employment related – Test – Stress claims Robichaud v. Canada (Attorney General), [2013] N.B.J. No. 8, 2013 NBCA 1, New Brunswick Court of Appeal, January 10, 2013, ...

The appellant challenged a finding on a statutory appeal that a letter to the editor did not constitute hate speech. The Court of Appeal dismissed the appeal, finding that the letter to the editor was on a matter of public interest and, even if offensive, did not constitute hate speech and was protected as expression of opinion.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual orientation – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Compliance with legislation – Evidence – Standard of review – Correctness Lund v. Boissoin, [2012] A.J. No. 1036, 2012 ABCA 300, Alberta Court ...

The appellants appealed from a judicial review decision that upheld a tribunal finding that because a worker’s claim was not compensable under the legislation, the claim did not arise out of and in the course of employment. The Court of Appeal allowed the appeal, finding that the tribunal’s interpretation imposed a construction that was contrary to the legislative intent and at odds with the factual realities of the situation. The court substituted its own determination on the substance of the claim.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – In and out of the course of employment – Statutory provisions – Psychological injury – Stress claims – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Legislative intent – Standard of ...

The appellants appealed from a judicial review decision where the substantive relief sought in their petition was no longer available. The Court of Appeal dismissed the appeal on a preliminary basis as moot.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Subdivision Approval Officers – Municipalities – Planning and zoning – Judicial review – Mootness – Remedies – Declaratory relief Webber v. Anmore (Village) (Approving Officer), [2012] B.C.J. No. 2123, 2012 BCCA 390, British Columbia Court of Appeal, September 24, 2012, M.E. Saunders, K.E. Neilson and E.A. Bennett ...