The Law Society of Saskatchewan’s application for an Order authorizing an Inspector of the Law Society to enter the office of M Law Firm to obtain privileged file materials relating to a client (“MH”) was dismissed where the Court found that the circumstances of the case did not meet the test of “absolute necessity”

28. November 2006 0
Administrative law – Barristers and solicitors – Solicitor-client privilege – Law Societies – Judicial review – Compliance with legislation – Disclosure – Absolute Necessity Law Society of Saskatchewan v. E.M., [2006] S.J. No. 608, Saskatchewan Court of Queen’s Bench, August 10, 2006, Hunter J. The Law Society received a complaint from a person who was adverse ...

The appeal by Page from a decision of the Appeals Tribunal of the Workplace, Health, Safety and Compensation Commission of New Brunswick (the “Commission”) was allowed where the Court found that the Appeals Tribunal made a palpable and overriding error in upholding the Commission’s decision to reopen and reject Page’s claim for benefits

28. November 2006 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial Review – Statutory provisions – Evidence – Jurisdiction Page v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2006] N.B.J. No. 394, New Brunswick Court of Appeal, September 21, 2006, W.S. Turnbull, J.Z. Daigle and J.T. Robertson JJ.A. ...

Geronazzo’s application for judicial review of the dismissal of his application for an extension of the 90-day limit to apply for a review of a Workers’ Compensation Board (the “Board”) decision rejecting his claim for benefits was allowed where the Court held that the decision that Geronazzo had failed to show that he intended to appeal during the period was patently unreasonable

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Limitations – Extension of time Geronazzo v. British Columbia (Workers’ Compensation Board), [2006] B.C.J. No. 1647, British Columbia Supreme Court, July 13, 2006, Rogers J. Geronazzo’s claim for Workers’ Compensation benefits due to a back injury was ...

The application by Painter to quash an adjudicator’s decision concluding that Painter had care and control of a motor vehicle while his blood alcohol level was over .08 was allowed where the Court found that the adjudicator breached the rules of natural justice when she used her own knowledge and understanding to form conclusions without giving Painter an opportunity to address these matters by putting forward evidence or by way of submissions

26. September 2006 0
Administrative law – Motor vehicles – Adjudication – Breathalyzer test – Evidence – Suspension of driver’s licence – Judicial review – Natural justice – Procedural requirements and fairness Painter v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 1545, British Columbia Supreme Court, July 11, 2006, Gill J. Painter brought an application to quash an ...

The appeal by the Capital District Health Authority from a ruling quashing a decision of an interest arbitration board on the basis that the Board was functus was allowed where the Court found that the Board did not make a reviewable error and the Application Judge had applied the wrong standard of review

26. September 2006 0
Administrative law – Labour law – Arbitration – Decisions of administrative tribunals – Health authorities – Functus officio – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Capital District Health Authority v. Nova Scotia Government and General Employees Union, [2006] N.S.J. No. 281, Nova Scotia Court of Appeal, July 7, 2006, T.A. Cromwell, ...

The appeal by an energy distributor (“Natural Resources”) from the dismissal of its appeal from a decision of the Ontario Energy Board (the “Board”) was dismissed where the Court found that the Board had reasonably disallowed Natural Resources’ recovery of regulatory costs and interest costs that had been incurred as a result of an accounting error

26. September 2006 0
Administrative law – Natural resources – Natural gas – Distribution – Decisions of administrative tribunals – Energy and Utilities Board – Accounting errors – Recovery – Judicial review – Standard of review – Reasonableness simpliciter Natural Resources Gas Ltd. v. Ontario Energy Board, [2006] O.J. No. 2961, Ontario Court of Appeal, July 21, 2006, J.I. Laskin, S. ...

The appeal by a realtor from a conviction of failing to cooperate with an investigator of the Real Estate Council of Alberta (the “Council”) was dismissed where the Court found that there was ample evidence to support the conclusion that James had failed to cooperate with the investigator by being rude and by failing to produce a listing agreement

26. September 2006 0
Administrative law – Real estate agents – Investigations – Disciplinary proceedings – Judicial review – Standard of review – Reasonableness simpliciter James v. Real Estate Council of Alberta, [2006] A.J. No. 844, Alberta Court of Appeal, July 17, 2006, Hunt and Fruman JJ.A and Brooker J. (ad hoc) A client complained to the Council about James’s ...

The appeal by McLeod and Miszczuk from a decision of the Securities Commission upholding the Exchange’s decision disqualifying them from being directors, officers or employees of Exchange companies was dismissed where the Court held that the lack of an oral hearing before the Commission did not render the decision unfair.

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Director of corporation – Removal – Hearings – Conduct of hearings – Judicial review – Evidence – Procedural requirements and fairness McLeod v. Alberta Securities Commission, [2006] A.J. No. 939, Alberta Court of Appeal, July 31, 2006, Fraser C.J.A. and Hunt and O’Brien JJ.A McLeod was ...

The Court quashed a policy decision of the Workers Compensation Board (“WCB”) Board of Directors (“BOD”) on the ground that it made a patently unreasonable interpretation of the word “recurrence” to include deterioration

27. June 2006 0
Administrative law – Workers compensation – Benefits – Recurrence vs. deterioration – Validity and application of policies – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness Cowburn v. British Columbia (Worker’s Compensation Board), [2006] B.C.J. No. 1020, British Columbia ...