The application by a corporation to dismiss, for delay, a prospective employee’s application for judicial review of a human rights tribunal’s decision was allowed where the prospective employee did not file for a judicial review until 26 months following the decision and had no cogent explanation for the delay

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Delay – Limitation of actions De Pelham v. Ontario (Human Rights Tribunal), [2011] O.J. No. 5459, 2011 ONSC 7006, Ontario Superior Court of Justice, November 25, 2011, A. Hoy J. Mytrak Health Systems Inc. (“Mytrak”) was a small ...

The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Arbitration – Benefits – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Reasonableness simpliciter – Correctness Newfoundland and Labrador Nurses’ Union ...

The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Adjudications – Freedom of information and protection of privacy – Disclosure – Completion of inquiry – Limitations – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Alberta (Information and Privacy Commissioner) v. Alberta ...

The applications by non-profit environmental organizations for judicial review of Ministers’ decisions concerning their obligations under s.58 of the Species at Risk Act (“SARA”) to provide legal protection for the critical habitat of resident killer whales was allowed where the court held that the Ministers failed to respond to the duty assigned to them by the SARA which compelled them to act in specific ways to protect critical habitat of species at risk

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Policies – Environmental issues – Wildlife habitat – Protections of species – Judicial review – Compliance with legislation – Validity and application of policies and guidelines David Suzuki Foundation v. Canada (Minister of Fisheries and Oceans), [2010] F.C.J. No. 1471, 2010 FC 1233, Federal ...

The application by the Children’s Aid Society of the Regional Municipality of Waterloo (the “Society”) for an order quashing a written decision of the Child and Family Services Board (the “Board”) on the grounds that the Board lacked jurisdiction to conduct the review was allowed where the court held that the matters at issue were “before the court” and therefore the Board was statutorily prohibited from reviewing the complaint

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Child and Family Services Review Board – Judicial intervention – Protection matters – Children – Judicial review – Compliance with legislation – Statutory interpretation – Jurisdiction – Failure to provide reasons – Natural justice – Standard of review – Correctness Children’s Aid Society of Waterloo v. D.D., ...

An appeal by Tilley from the decision of the Law Society of Newfoundland and Labrador (“Law Society”) dismissing Tilley’s complaint against a lawyer was allowed where the court held that the Law Society failed to examine whether the lawyer had owed a duty to Tilley as a member of the public and whether special considerations applied where the lawyer had a personal interest in the transaction at issue

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Public interest – Judicial review – Standard of review – Reasonableness simpliciter Tilley v. Law Society of Newfoundland and Labrador, [2010] N.J. No. 381, 2010 NLTD 187, Newfoundland and Labrador Supreme Court, ...

An appeal by an employer (“HJI”) from the decision of the Saskatchewan Human Rights Tribunal (the “Tribunal”) which held that HJI had discriminated against the female complainant on the basis of her sex was dismissed where the Court found that the conclusions reached by the Tribunal fell within the range of possible, acceptable outcomes based on the evidence and the findings of credibility, both of which were meticulously explained in the Tribunal’s decision

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual harassment – Judicial review – Evidence – Similar fact evidence – Pattern of practice – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness simpliciter Howard Johnson Inn v. Saskatchewan ...

The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The appeal by a lawyer (“Oledski”) from the penalty of disbarment imposed by the Discipline Committee of the Law Society of Saskatchewan was dismissed where the Court found the decision was reasonable in light of which complaints of forgery, misleading the public and misleading other members of the profession were either proven of admitted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Oledski v. Law Society of Saskatchewan, [2010] S.J. No. 573, 2010 SKCA 120, Saskatchewan Court of Appeal, September 27, 2010, J.G. ...