The Court dismissed an appeal from a decision of the Consent and Capacity Board which had confirmed a finding of incapacity in respect of specified psychiatric treatment of the Applicant. The Court found the Board’s decision was entirely reasonable on the facts before it

22. March 2005 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Best interest of incompetent adult – Adult in need of protection – Mental health – Consent to treatment – Substitute decision maker – Judicial review – Standard of review – Reasonableness simpliciter Thompson v. Grant, [2005] O.J. No. 36, Ontario Superior Court ...

The court dismissed an application for judicial review and held that the Ontario Human Rights Commission had not breached the requirement of procedural fairness in not placing certain documents before the Commission and that the Commission’s exercise of discretion regarding a limitation period did not exceed its jurisdiction and was not in error

22. March 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Commission – Limitations – Judicial review – Jurisdiction – Procedural requirements and fairness – Disclosure – Standard of review – Patent unreasonableness Hassaram v. Ontario (Human Rights Commission), [2005] O.J. No. 29, Ontario Superior Court of Justice, January 7, 2005, ...

The court found that the Minister of Learning had acted outside his jurisdiction in refusing to refer two notices of appeal from the Appellants, relating to their teaching positions, to a Board of Reference

22. March 2005 0
Administrative law – Teachers – Employment contracts – Appeal process – Ministerial powers – Jurisdiction – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness – Remedies – Mandamus Coulthard v. Alberta (Minister of Learning), [2004] A.J. No. 1586, Alberta Court of Queen’s Bench, December 2, 2004, Moreau J. The two ...

The court dismissed an appeal from the Divisional Court which had held that the Respondent Ontario Energy Board’s Gas Distribution Access Rule came within the Board’s jurisdiction and that the Board had followed the process required by its enabling Act in issuing the Rule

22. March 2005 0
Administrative law – Natural resources – Natural gas – Distribution – Powers under legislation – Ultra vires – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Standard of review – Correctness Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2005] O.J. No. 33, Ontario Court of Appeal, January 11, 2005, M.A. Catzman, D.H. ...

The Court dismissed the Province’s application for an order to stay part of the British Columbia Human Rights Tribunal’s order requiring payment to the Respondents, pending a decision of the Court on judicial review

25. January 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review application – Stay of proceedings – Test British Columbia v. Hutchinson, [2004] B.C.J. No. 2434, British Columbia Supreme Court, November 24, 2004, Ralph J. The British Columbia Human Rights ...

A decision made by a Panel of the College of Dental Surgeons of British Columbia was remitted back to the Panel for reconsideration and determination of the appropriate penalty after the Court held that it was inappropriate for the Panel to decide, in the face of submissions from both parties that the appropriate penalty was suspension and cancellation of the member’s registration as a dentist in British Columbia

25. January 2005 0
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...

The Court allowed an appeal of a judicial review application concerning a decision of the Chairperson of the P.E.I. Human Rights Commission to affirm the Commission’s dismissal of the Applicant’s human rights complaint. The Court ordered the Chairperson of the Commission to appoint a Human Rights Panel to deal with the Appellant’s complaint.

25. January 2005 0
Administrative law – Judicial review application – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Human Rights Commission executive director powers – Human Rights complaints – Discrimination Ayangma v. Prince Edward Island (Human Rights Commission), [2004] P.E.I.J. No. 84, Prince Edward Island Supreme Court – Appeal Division, November 12, 2004, Mitchell C.J.P.E.I., ...

The Ontario Court of Appeal allowed this appeal of the Divisional Court’s decision on a judicial review of a decision of Ontario’s Information and Privacy Commissioner. The Court of Appeal upheld the Commissioner’s decision with respect to section 21(5) of the Freedom of Information and Protection of Privacy Act and the test to be applied when the head of a Provincial institution, who cannot disclose the contents of a record because that would constitute an unjustified invasion of personal privacy, seeks to respond to a request for information by refusing to confirm or deny the very existence of the record.

25. January 2005 0
Administrative law – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Invasion of personal privacy – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Minister of Health and Long-Term Care) v. Ontario (Assistant Information and Privacy Commissioner), [2004] O.J. No. 4813, Ontario Court of Appeal, ...