Administrative law – Human rights complaints – Discrimination – Age – Limitations – Judicial review application – Breach of procedural fairness – Natural justice – Standard of review – Patent unreasonableness – Failure to provide adequate reasons Gismondi v. Ontario (Human Rights Commission), [2003] O.J. No. 419, Ontario Superior Court of Justice, February 14, 2003, Blair, E.M. ...
Administrative law – Municipalities – Planning and zoning – Utility and Review Board – Jurisdiction Kings (County) v. Lutz, [2003] N.S.J. No. 56, Nova Scotia Court of Appeal, February 18, 2003, Glube C.J.N.S., Chipman and Saunders JJ.A. Robert Parker carried on an excavation business from his residence in Kings County. His father had carried on ...
Administrative law – Municipalities – Property assessment – Appeals – Market adjustment factor Price Club Canada Real Estate Inc. v. Regina (City), [2003] S.J. No. 80, Saskatchewan Court of Appeal, February 4, 2003, Bayda C.J.S., Tallis and Jackson JJ.A This appeal concerns a 1999 assessment of Price Club’s property located at 665 University Park Drive ...
Administrative law – Human rights complaints – Discrimination – Disability – Evidence – Judicial review application – Breach of procedural fairness – Hearings – Disclosure – Solicitor-client privilege Baltruweit v. Canada (Attorney General), [2002] F.C.J. No. 1615, Federal Court of Canada – Trial Division, November 19, 2002, Gibson J. Baltruweit was employed by the Canadian Security Intelligence ...
Administrative law – Arbitration and award – Arbitrators – Judicial review – Bias Idowu v. York Condominium Corp. No. 128, [2002] O.J. No. 2102, Ontario Superior Court of Justice, May 21, 2002m Nordheimer J. Idowu owned three units in York Condominium. An issue arose as to whether Idowu was using these units as “rooming houses” contrary ...
Administrative law – Government – Employees – Benefit plans – Dispute resolution schemes – Jurisdiction – Final and binding – Definition – Adjudication – Jurisdiction of court – Labour law – Collective agreements Desrivieres v. Manitoba, [2002] M.J. No. 449, Manitoba Court of Appeal, November 15, 2002, Scott C.J.M., Monnin and Hamilton JJ.A. This case involved the issue of whether ...
Religious organizations – Governance – Church ministers – Disciplinary proceedings – Suspensions – Hearings – Judicial review – Breach of procedural fairness – Natural justice – Jurisdiction Graham v. United Church of Canada, [2002] S.J. No. 596, Saskatchewan Court of Queen’s Bench, November 15, 2002, Foley J. Graham was a minister of the United Church of Canada. ...
Administrative law – Municipalities – Fire inspection – Underground storage tanks – Judicial review – Compliance with legislation – Procedural requirements – Appeal process – Remedies – Certiorari Arch Transco Ltd. v. Regina (City), [2002] S.J. No. 637, Saskatchewan Court of Appeal, November 13, 2002, Tallis, Cameron and Jackson JJ.A. On January 3, 2001, a fire inspector ...
Administrative law – Prisons – Discipline of inmates – Use of narcotics – Judicial review application – Right to legal counsel – Natural justice – Remedies – Habeas corpus – Standard of review – Correctness Smith v. Fort Saskatchewan Correctional Centre, [2002] A.J. No. 1472, Alberta Court of Queen’s Bench, November 28, 2002, Clackson J. Smith was an ...