The British Columbia Court of Appeal allowed the appeal of an employer (“BC Hydro”) and reinstated the decision of the Human Rights Commission (“HRC”) dismissing, at a preliminary stage, the complaint of an employee (“Lee”). The court held that the reviewing judge erred in failing to give due deference to the HRC by substituting her view of the evidence for the view of the HRC.

23. November 2004 0
Administrative law – Employment law – Appointment – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Commission – Evidenciary issues – Judicial review – Evidence Lee v. British Columbia (Attorney General), [2004] B.C.J. No. 1851, British Columbia Court of Appeal, September 10, 2004, Finch C.J.B.C., Prowse and Donald JJ.A. Lee is ...

The Citizen’s Representative sought a declaration that it had jurisdiction to conduct an investigation under the Citizens’ Representative Act, 2001 S.N.L. c. C-14.1 (the “Act”) with respect to potential injustice arising from the provisions of section 65.1(1) of the Workplace Health, Safety and Compensation Act, S.N.L., c. W-11 (the “WHSC Act”) which provided for the payment of benefits to spouses of workers killed on the job. The court found that what the Citizens’ Representative sought to investigate was the legislation itself and not a decision or recommendation relating to a matter of administration by a department or agency of government and held that the Citizens’ Representative did not have jurisdiction to conduct such an investigation.

28. September 2004 0
Administrative law – Workers compensation – Benefits – Federal and provincial legislation – Judicial review – Jurisdiction of Citizens’ Representative – Ombudsman – Jurisdiction Newfoundland (Citizens’ Representative) v. Newfoundland (Minister of Environment and Labour), [2004] N.J. No. 257, Newfoundland and Labrador Supreme Court – Trial Division, July 20, 2004, Russell J. The WHSC Act provided for ...

A former licensed member (“Padovan”) of the Association of Ontario Land Surveyors (the “Association”) brought an action against the Association claiming damages resulting from disciplinary proceedings instituted against him by the Association. The Association was successful in a motion for summary judgment where the court found that Padovan had not satisfied even the modest preliminary evidentiary burden to establish bias, harassment, malice or mala fides on the part of the Association.

28. September 2004 0
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...

Costello appealed the decision of the Ontario Securities Commission (the “Commission”) which found that he had acted as an “advisor” without being registered to do so under section 25(1)(c) of the Securities Act, R.S.O. 1990 C. s.5 (the “Act”). The court employed a standard of review of reasonableness and found that the Commission’s decision was reasonable and supported by the evidence.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Personal interests – Public interest – Stock brokers and advisors – Disciplinary proceedings – Advisor – definition – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Costello v. Ontario (Securities Commission), [2004] O.J. No. 2972, Ontario Superior Court of Justice, July ...

The holder of expropriated placer mining interests (“Eckervogt”) appealed the decision of the Expropriation Compensation Board (the “Board”) on the grounds of lack of independence or a reasonable apprehension of bias where one of the Board members (“Greenwood”) accepted a position as prosecutor with the Ministry of the Attorney General while the expropriation decision was under consideration. The court dismissed the appeal holding that the suggestion that Greenwood’s duties of confidentiality and fidelity to the Crown as prosecutor would place him in conflict with his duties as adjudicator was remote and speculative and should not lead to disqualification.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Conflict of interest – Independence vs. impartiality – Judicial review – Reasonable apprehension of bias – test Eckervogt v. British Columbia (Minister of Employment and Investment), [2004] B.C.J. No. 1492, British Columbia Court of Appeal, July 20, 2004, Finch C.J.B.C., Ryan, Donald, Saunders and ...

The Ontario Superior Court of Justice quashed decisions of the Ministry of Community, Family and Children’s Services (the “Ministry”) relating to applications for funding by parents of children with disabilities including Autism Spectrum Disorder. The court found that the process employed by the Ministry to consider the proposals at issue fell short of the procedural fairness mandated by law.

25. May 2004 0
Administrative law – Government – Funding of programs – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Nieberg (Litigation guardian of) v. Ontario (Minister of Community Family and Children’s Services), [2004] O.J. No. 1135, Ontario Superior Court of Justice, March 18, 2004, Benotto, Dunn and McCombs JJ. Jared ...

The appeal by a notary public (“Bailey”) of the penalty imposed by the Board of Directors of the Society of Notaries was dismissed. The court held that the decision to impose a fine and a suspension on a third complaint arising from a breach of an undertaking was not unreasonable.

25. May 2004 0
Administrative law – Notaries – Disciplinary proceedings – Penalties – Suspensions – Decisions of administrative tribunals – Society of Notaries – Judicial review – Standard of review – Reasonableness simpliciter Bailey v. Society of Notaries Public of British Columbia, [2004] B.C.J. No. 626, British Columbia Supreme Court, February 27, 2004, Brown J. On December 27, 2002, the ...

The appeal by an employer (“Vantage”) from a decision of the Human Rights Panel of the Alberta Human Rights and Citizenship Commission was dismissed where the court found that the evidence considered by the Panel clearly established that Vantage had not given consideration to accommodation of the physical limitations of the complainant (“Marcil”). The court also upheld the Panel’s decision to award $28,000 as compensation for lost employment income.

25. May 2004 0
Administrative law – Human rights complaints – Discrimination – Disability – Duty to accommodate – Employment law – Termination of employment – Damages – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Correctness Vantage Contracting Inc. v. Marcil, [2004] A.J. No. 368, Alberta Court of Queen’s Bench, March 29, 2004, ...

The Province of New Brunswick (the “Employer”) appealed the decision of the Court of Queen’s Bench quashing the interim decision of the New Brunswick Labour and Employment Board (the “Board”) designating Teachers’ Assistants employed by the public schools as “essential employees”. In allowing the appeal, the Court of Appeal found that the Board’s interim decision was not patently unreasonable as the legislation at issue was subject to an interpretation that would allow for two possible conclusions, and the Board had the right to choose the interpretation it preferred.

25. May 2004 0
Administrative law – Labour law – Collective agreements – Essential employees – Schools – Teachers’ assistants – Decisions of administrative tribunals – Labour and employment boards – Statutory interpretation – Legislation – Judicial review – Compliance with legislation – Evidence – Standard of review – Patent unreasonableness Canadian Union of Public Employees, Local 2745 v. New Brunswick (Board of ...