The application by two students (“K.B.” and “T.M.”) for judicial review seeking to quash the decision of the respondent principal of Emery Collegiate (the “Principal”) to remove the students from Emery Collegiate and transfer them to another school was dismissed where the Court found that the Principal had jurisdiction to transfer the students to another school after a suspension had been imposed based on concerns for the safety of other students

25. March 2008 0
Administrative law – Decisions of administrative tribunals – School principal – Investigations – Schools – Powers – Suspension of students – Transfer of students – Judicial review – Jurisdiction – Standard of review – Correctness – Patent unreasonableness – Procedural requirements and fairness – Natural justice – Compliance with legislation – Charter of Rights and ...

The appeal by a mining licence applicant (Vinland) from a Supreme Court decision returning Vinland’s appeal to the Mineral Rights Adjudication Board (the “Board”) for re-determination was dismissed where the Court found that the Board had jurisdiction to determine the Appeal but had failed to provide sufficient reasons in reaching its decision

25. March 2008 0
Administrative law – Natural resources – Mining leases – Staking requirements – Judicial review – Jurisdiction of tribunal – Natural justice – Failure to provide reasons – Evidence – Burden of proof Newfoundland and Labrador (Mineral Claims Recorder) v. Vinland Resources Ltd., [2008] N.J. No. 48, Newfoundland and Labrador Supreme Court – Court of Appeal, ...

The appeals by the Plaintiff fishermen from an application Judge’s decision striking their actions on the ground that they constituted a challenge to the ministerial decisions over which the Supreme Court of Newfoundland had no jurisdiction, was allowed in part, and the Court ordered that stays should have been entered pending judicial review before the Federal Court

25. March 2008 0
Administrative law – Fisheries – Licence applications – Duty of Crown employees – Judicial review – Jurisdiction of court – Ministerial orders – Stay of proceedings Donovan v. Canada (Attorney General), [2008] N.J. No. 36, Newfoundland and Labrador Supreme Court – Court of Appeal, February 5, 2008, B.G. Welsh, M. Rowe and L.D. Barry The ...

An orthopaedic surgeon (Dr. Smyth) was successful in having the Court set aside a final Arbitration Ruling that had recommended a denial of his reappointment to the medical staff at the Perth and Smiths Falls District Hospital (the “Hospital”)

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Scope of arbitration agreement – Physicians and Surgeons – Hospital privileges – Judicial review – Jurisdiction Smyth v. Perth and Smiths Falls District Hospital, [2007] O.J. No. 4284, Ontario Superior Court of Justice, November 5, 2007, S.J. Kershman J. Dr. Smyth, an orthopaedic surgeon ...

The widow of Edward Schulmeister (the “Petitioner”) was successful in obtaining judicial review of a decision of the Workers’ Compensation Appeal Tribual (“WCAT”) where the Court found that the WCAT’s decision was patently unreasonable pursuant to s. 58(3)(d) of the Administrative Tribunals Act, S.B.C. 2004, c. 45 as the Panel failed to take the requisite statutory requirements into account

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Survivor benefits – Significant cause of death – Judicial review – Compliance with legislation Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal), [2007] B.C.J. No. 2321, British Columbia Supreme Court, October 29, 2007, C.E. Hinkson J. In 1994, Mr. Schulmeister was seriously injured ...

The appeal by an accused (“Oliver”) from a decision refusing to appoint state-funded counsel of his choice to argue his application for state-funded counsel of his choice for his murder trial was dismissed where the Court found there was no basis for finding that Oliver would be denied a fair trial if he was not provided with state-funded counsel of his choice

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Legal Aid Commission – Judicial review – Evidence – Prisons – Inmates – Right to counsel of their choice Oliver v. Newfoundland and Labrador Legal Aid Commission, [2007] N.J. No. 381, Newfoundland and Labrador Supreme Court – Court of Appeal, November 5, 2007, C.K. Wells C.J.N.L., K.J. ...

The Competence Committee of the Certified General Accountants Association of Ontario (the “Competence Committee”) was successful in obtaining judicial review of a decision of the Appeal Tribunal of the Association where the Court held that the Tribunal made a decision on matters that were not before it and, in doing so, breached its duty to act fairly

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Judicial review – Jurisdiction of tribunal – Procedural requirements and fairness Certified General Accountants Assn. of Ontario v. Certified General Accountants Assn. of Ontario, [2007] O.J. No. 4299, Ontario Superior Court of Justice, November 7, 2007, J.D. Carnwath, ...

The motion by the Chief of Defence Staff, Minister of National Defence and the Attorney General of Canada to strike the Applicants’ Notice of Application was dismissed where the Court held that the application for judicial review was not bereft of any chance of success

26. December 2007 0
Administrative law – National defence – Transfer of Afghan detainees – Torture – Charter of Rights and Freedoms – Prisons – Protection of inmates – Judicial review – Public interest – Standing – Evidence Amnesty International Canada v. Canada (Canadian Forces), [2007] F.C.J. No. 1460, Federal Court, November 5, 2007, Mactavish J. Amnesty International and ...

The application by a group of parents with children attending at Wilcox School for an interlocutory mandatory injuction preventing and restraining the Board of Education (the “Board”) from acting upon a resolution to close the Wilcox Public School was dismissed where the Court found that the Applicants had not established a strong prima facie case

27. October 2007 0
Administrative law – Decisions of administrative tribunals – School boards – Schools – Closures – Parental rights – Judicial review – Procedural requirements and fairness – Remedies – Injunctions Metz v. Saskatchewan Board of Education of the Prairie Valley School Division No. 208, [2007] S.J. No. 454, Saskatchewan Court of Queen’s Bench, July 26, 2007, ...