The appeal by an operator of a coal-fired electricity generator (“Milner”) from a decision of the Alberta Energy and Utilities Board (the “Board”) to refuse to investigate or hold a hearing arising from a complaint lodged by Milner was allowed where the complaint had arguable merit

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Rules and by-laws – Natural resources – Electricity – Loss of electricity – Line Loss Rule – Judicial review – Investigations – Compliance with legislation – Statutory interpretation – Complaints lacking merit – Definition Milner Power Inc. v. Alberta (Energy and Utilities ...

The appeal by an investment dealer (“Golden Capital”) from a British Columbia Securities Commission (the “Commission”) decision finding the dealer’s self-regulatory organization was entitled to full access to its records for the purpose of an investigation was allowed when the Court found that the Commission lost sight of the true question which was whether or not full access was reasonably required for the investigation of the allegations against the dealer

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Rules and by-laws – Stock brokers – Disciplinary proceedings – Judicial review – Investigations – Compliance with legislation – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter Golden Capital Securities Ltd. v. Investment Industry Regulatory Organization of Canada, [2010] ...

A mortgage broker (“Broers”) was successful in obtaining judicial review of the decision of the Executive Director of the Real Estate Council of Alberta (“RECA”) where the Court found that the Executive Director improperly cancelled Broers mortgage licence in a summary manner rather than proceeding pursuant to Part 3 of the Real Estate Act, R.S.A. 2000, c. R-5 (the “Act”)

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Real Estate Council – Registrar of Mortgage Brokers – Powers under legislation – Rules and by-laws – Validity of legislation – Permits and licences – Notice requirements – Public interest – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness Broers v. ...

The appeal by an engineer (“Kaminski”) from a finding of unprofessional conduct against him by a discipline committee panel (the “Panel”) of the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) was dismissed where the court found that the decision had been reasonable and there had been no breaches of the principles of natural justice in the conduct of the matter

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Jurisdiction – Natural justice – Compliance with legislation – Standard of review – Reasonableness simpliciter Kaminski v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

The appeal by the Ontario Energy Board (the “Board”) from a decision of the Divisional Court declaring that it had exceeded its jurisdiction when it imposed, as a condition in its 2006 rate decision, a duty on the Toronto Hydro-Electric System Ltd. to obtain approval of the majority of its independent directors before declaring any future dividends payable to its affiliates was allowed where the court found that the Board had expressed concern about the level of dividend payments given that increased capital spending was required to address aging plant and to maintain system reliability and this was a reasonable explanation for imposing the condition

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Natural resources – Electricity rates – Board of Directors – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Toronto Hydro-Electric System Ltd. v. Ontario (Energy Board), [2010] O.J. No. 1594, 2010 ONCA 284, Ontario Court of Appeal, April 20, ...

The appeal by a complainant (“Gichuru”) from the dismissal of a judicial review of the summary dismissal of his human rights complaint was allowed in part where the court found that the dismissal of the complaint was reasonable but the finding of improper conduct on the part of Gichuru should not have been made in the circumstances and was patently unreasonable

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Employment law – Termination of employment – Human rights complaints – Discrimination – Race – Judicial review – No reasonable cause of action – Standard of review – Patent unreasonableness Gichuru v. British Columbia (Workers’ Compensation Appeal Tribunal), [2010] B.C.J. 676, 2010 BCCA ...

The appeal by the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from a decision allowing the application for judicial review of an engineer (“Salway”) and setting aside the Association’s finding that Salway was guilty of professional misconduct for failing to respond to a client’s correspondence in a timely way was allowed where the Court held that the proper standard of review was reasonableness and the Association’s determination was within the range of reasonable outcomes

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Functions of a self-governing body – Professional misconduct / conduct unbecoming – Penalties and suspensions – review – Standard of review – Correctness – Reasonableness simpliciter Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

The appeal by workers from a decision quashing a Human Rights Tribunal’s decision to proceed with their human rights complaint was allowed where the Court held that the Tribunal’s decision to proceed was discretionary and was not patently unreasonable

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Workers Compensation Boards – Discretion of tribunal – Workers compensation – Benefits – Policies – Validity and application of policies – Human rights complaints – Disability – Discrimination – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review ...

The application by a pet owner (“Ulmer”) for judicial review of the SPCA’s decision to take custody of her animals was dismissed where the Court found that the decision to seize and hold the animals was reasonable given that the animals were in distress and the evidence indicated that they would not remain in satisfactory condition if returned

27. April 2010 0
Administrative law – Decisions of administrative tribunals – SPCA – Animals – Prevention of cruelty – Seizure and disposition of animals – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Ulmer v. British Columbia Society for the Prevention of Cruelty to Animals, [2010] B.C.J. No. ...