Administrative law – Workers compensation – Statutory provisions – Worker – Definition – Immunity from civil actions – Judicial review application – Administrative decisions Barker v. Sowa, [2003] A.J. No. 1276, Alberta Court of Queen’s Bench, October 16, 2003, Bielby J. The Applicant applied for judicial review of the decision of the Appeals Commission dated August 7, ...
Administrative law – Motor vehicles – Refusal of breathalyzer test – Suspension of driver’s licence – Adjudication – Evidence – Judicial review – Standard of review – Patent unreasonableness Hewitt v. British Columbia (Superintendent of Motor Vehicles), [2003] B.C.J. No. 1877, British Columbia Supreme Court, May 9, 2003, Williamson J. The Petitioner sought a judicial review of ...
Administrative law – Firearms registration – Firearms – Licences – Revocation – Evidence – Prior criminal charges – Public safety – Statutory interpretation – Legislation – Retrospective operation R. v. D.L.B., [2003] O.J. No. 2471, Ontario Superior Court of Justice, February 12, 2003, Durno J. 45-year-old D.B. had used firearms for a long time. In 1992, ...
Administrative law – Labour law – Working conditions – Schools – Teachers – Discrimination Lewis v. Regional School Division No. 4, [2003] S.J. No. 526, Saskatchewan Court of Queen’s Bench, July 31, 2003, Matheson J. After being assigned to the modular classroom in 1996, Mrs. Lewis began to experience persistent health problems. Her family doctor ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights Tribunal – Impartiality – Judicial review – Procedural requirements – Reasonable apprehension of bias Bell Canada v. Canadian Telephone Employees Assn., [2003] S.C.J. No. 36, Supreme Court of Canada, June 26, 2003, McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel ...
Administrative law – Chiropractors – Governance of professional association – Jurisdiction – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Right of appeal of professional association Manitoba Chiropractors Assn. v. Alevizos, [2003] M.J. No. 206, Manitoba Court of Appeal, June 9, 2003, Twaddle, Monnin and Freedman JJ.A. The ...
Administrative law – Decisions of administrative tribunals – Civil Aviation Tribunal – Penalties – Double jeopardy – Kienapple rule – Judicial review application – Compliance with legislation – Standard of review – Correctness Canada (Minister of Transport) v. Delco Aviation Ltd., [2002] F.C.J. No. 938, Federal Court of Canada – Trial Division, June 12, 2003, Blanchard ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Jurisdiction – Fairness – Suspensions – Judicial review application – Breach of procedural fairness – Standard of review – Reasonableness Loiselle v. College of Physicians and Surgeons of New Brunswick, [2003] N.B.J. No. 111, New Brunswick Court of Queen’s Bench, March 12, 2003, Garnett J. Loiselle ...
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Commission – Investigative bodies – Duty to disclose evidence – Fairness – Judicial review – Breach of procedural fairness – Standard of review – Reasonableness – Patent unreasonableness Hutchinson v. Canada (Minister of the Environment), [2003] F.C.J. No. 439, Federal ...