The Information Commissioner issued two subpoenas compelling the Deputy Minister of the Department of Citizenship and Immigration (the “CIC”) to produce records. The Attorney General’s application to set aside the subpoenas was granted on jurisdictional basis.

26. March 2002 0
Administrative law – Judicial review – Standard of review – Questions of jurisdiction – Correctness test – Access to information – Production of records – Extension of time – Investigative bodies – Powers Canada (Attorney General) v. Canada (Information Commissioner), [2002] F.C.J. No. 177, Federal Court of Canada – Trial Division, February 6, 2002, Kelen, J. In ...

The Applicant, the Ontario Conference of Judges (the “Association”), sought an order quashing and setting aside the decision of the Respondent (Government of Ontario), which rejected and failed to implement recommendations of the remuneration commission. The application was dismissed. The Court held that the decision of the Respondent met the “rationality test”.

26. March 2002 0
Administrative law – Judicial review – Standard of review – Correctness test – Simple rationality – Remuneration of judges Ontario Judges Association v. Ontario (Chair, Management Board), [2002] O.J. No. 533, Ontario Superior Court of Justice, February 15, 2002, O’Driscoll, Then and Dunnet, JJ. The Fourth Triennial Remuneration Commission (the “Commission”) was established to review the ...

The Appellant, a retired marine engineer applied for judicial review of a decision of the Workers Compensation Board (“WCB”). The appeal was dismissed. The BC Court of Appeal held that a decision of the Workers Compensation Review board was a recommendation rather than a directive and that the WCB’s procedure on re-examining the case was fair.

26. March 2002 0
Administrative law – Workers compensation – Procedural fairness – Privative clauses Clouston v. British Columbia (Workers Compensation Board), [2002] B.J.C. No. 353, British Columbia Court of Appeal, February 21, 2002, Rowles, Ryan and Donald, JJ.A. The Appellant worked for many years as a marine engineer with the Canadian Coast Guard. During his employment with the ...