The province unsuccessfully appealed from a decision of the Nova Scotia Utility and Review Board (the “Board”) that a man whose land had been expropriated (“Bishop”) was entitled to an Order directing a Discovery of the province’s expert appraiser

26. December 2006 0
Administrative law – Expropriation – Decisions of administrative tribunals – Utility and Review Board – Practice and procedure – Administrative tribunals – Examination for discovery – Hearings – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Nova Scotia (Attorney General) v. Bishop, [2006] N.S.J. NO. 411, Nova Scotia ...

A former Coast Guard employee (“Brooks”) brought a complaint of racial discrimination under the Canadian Human Rights Act (the “Act”) against the Department of Fisheries and Oceans (the “DFO”). The Human Rights Tribunal determined that DFO had discriminated against Brooks based on his race. The Tribunal then declined to consider the remedies of reinstatement and back pay which Brooks sought. The Attorney General of Canada brought an application for judicial review to set aside the decision that the DFO had discriminated against Brooks and Brooks applied for judicial review of the decision to decline to consider the remedies.

26. December 2006 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Tribunal – Employment – Appointment – Remedies – Hearings – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Reasonableness simpliciter Brooks v. Canada (Department of Fisheries and Oceans), [2006] F.C.J. No. 1569, Federal Court, ...

Jazz Air applied for judicial review in respect of a series of acts and decisions of the Toronto Port Authority alleging that the Port Authority acted in excess of its statutory jurisdiction by restricting Jazz Air’s access to and use of the Toronto City Centre Airport, including denying access for space for passenger facilities and discouraging or precluding fair, reasonable and competitive access by airline users of the Toronto City Airport

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Port Authority – Landlord and tenant – Leases – Judicial review application – Appeals – Appeal process – Jurisdiction Jazz Air LP v. Toronto Port Authority, [2006] F.C.J. No. 1155, Federal Court, July 20, 2006, Rouleau D.J. More than 16 years ago, the Toronto Port Authority granted a long-term ...

A man (“Crockford”) charged with assault of his female domestic partner appealed from the decision of a chambers judge finding that the British Columbia Human Rights Tribunal had no jurisdiction to consider his complaint of discrimination against Crown counsel because Crown counsel provided no “service customarily available to the public” as required under s. 8 of the Human Rights Code.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Jurisdiction of tribunal – Public interest British Columbia v. Crockford, [2006] B.C.J. No. 1724, British Columbia Court of Appeal, August 1, 2006, Huddart, Levine and Smith JJ.A. A chamber’s judge had quashed a preliminary ...

A former covert operative in Canada for the Russian Foreign Intelligence Service (“Miller”) was unsuccessful on her application for judicial review of a decision of the Minister of Public Safety and Emergency Preparedness (the “Minister”), which concurred in the recommendation of the Canada Border Services Agency that Miller should not be granted relief from her inadmissibility pursuant to the Immigration and Refugee Protection Act provision holding that a foreign national is inadmissible on security grounds for engaging in an act of espionage or an act or subversion against a democratic government, institution or process, as they are understood in Canada

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Border Service Agency – Minister of Public Safety – Foreign nationals – Espionage – Deportation orders – Immigration – Ministerial decisions – Failure to provide reasons – Procedural requirements and fairness – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Miller v. Canada (Solicitor ...

A lawyer (Hamilton) successfully appealed from a decision of the Law Society, which had found her guilty of professional misconduct for visiting a jail with a prisoner’s girlfriend and identifying that girlfriend as her assistant in order to facilitate access to the prisoner.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Judicial review – Witnesses – Evidence – Standard of review – Reasonableness simpliciter Hamilton v. Law Society of British Columbia, [2006] B.C.J. No. 1741, British Columbia Court of Appeal, August ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...

A family physician (“Dr. Au”) was unsuccessful in quashing an Amended Notice of Hearing regarding allegations of inappropriate touching. He alleged that new members of the Discipline Committee who would hear those allegations were tainted by their exposure to previous members of the Discipline Committee who were also members of the Patient Relations Committee (“PRC”) in respect of the same complainants.

25. July 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Bias – Jurisdiction College of Physicians and Surgeons of Ontario v. Au, [2006] O.J. No. 1994, Ontario Superior Court of Justice – Divisional Court, May 1, 2006, R.T.P. Gravely, J.M. ...

Toronto Hydro Electric System Ltd. (“Toronto Hydro”) was successful in appealing from a Divisional Court decision that had concluded that the Ontario Energy Board (“OEB”) made an unreasonable decision in deciding that a lower hydro system rate should apply to the installation of the electricity distribution system in the Graywood building where Toronto Hydro and Graywood had agreed to a higher rate prior to the date of installation.

25. July 2006 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Rates – Natural resources – Distribution – Contracts – Validity – Timing – Judicial review – Standard of review – Reasonableness simpliciter Graywood Investments Ltd. v. Toronto Hydro-Electric System Ltd., [2006] O.J. No. 2030, Ontario Court of Appeal, May 24, 2006, K.N. Feldman, J.C. ...