A father in persistent arrears of a child support order (“G.B.I.”) was unsuccessful in his application for judicial review of a decision by the Director of Maintenance Enforcement (the “Director”), suspending his passport. G.B.I. was also unsuccessful in seeking an order in the nature of mandamus directing the Director to request termination of the licence denial application that was outstanding against him.

27. September 2005 0
Administrative law – Decisions of administrative tribunals – Family Maintenance Enforcement – Suspension of licence for arrears – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter G.B.I. v. British Columbia (Director of Maintenance Enforcement), [2005] B.C.J. No. 1753, British Columbia Supreme Court, August 4, 2005, Ralph J. In 1998, ...

DRL Vacations Ltd. (“DRL”) was unsuccessful in seeking judicial review of the decision of the Halifax Port Authority to select a vendor other than DRL to operate a retail market catering outlet for the passengers and crew of cruise ships entering the Port of Halifax

27. September 2005 0
Administrative law – Administrative tribunals – Definition – Judicial review – Jurisdiction of Federal court – Port Authority – Vendor selection process DRL Vacations Ltd. v. Halifax Port Authority, [2005] F.C.J. No. 1060, Federal Court, June 15, 2005, Mactavish J. DRL submitted that although the HPA had formulated a process entitled a “Request for Proposals”, ...

The West Kootenay Community EcoSociety (“EcoSociety”) successfully petitioned to set aside the decision of the Minister of Water, Land, and Air Protection to move the driveway of a small provincial park to a location 30 metres to the east

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental issues – Parks – Judicial review application – Crown immunity West Kootenay Community EcoSociety v. British Columbia (Ministry of Water, Land, and Air Protection), [2005] B.C.J. No. 1224, British Columbia Supreme Court, May 30, 2005, Prowse J. Grohman Narrows Provincial Park is located near Nelson, ...

A 25-year veteran (“Read”) of the Royal Canadian Mounted Police (“RCMP”) did not succeed on judicial review from the decision of the Assistant Commissioner that he had breached the RCMP Code of Conduct and should be dismissed for discussing an investigation into suspected criminal activity in and about the Immigration Section of the Canadian Mission in Hong Kong with the media, when he had earlier sworn an Oath of Secrecy

26. July 2005 0
Administrative law – Police – Royal Canadian Mounted Police – Disciplinary proceedings – Penalties and suspensions – Whistle-blower defence – Evidence – Public interest test – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Read v. Canada (Attorney General), [2005] F.C.J. No. 990, Federal Court, June 2, 2005, Harrington J. In 1991 and ...

The Federal Court of Appeal overturned a lower court decision in respect of access to a legal advice memorandum commissioned by the Canadian government regarding a series of Access to Information Requests. Solicitor-client privilege was held to apply to prevent the Commissioner from accessing the memo.

26. July 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Access to information – Production of records – Prime Minister’s Office – Legal memorandum – Solicitor-client privilege – Judicial review – Compliance with legislation – Standard of review – Correctness Canada (Attorney General) v. Canada (Information Commissioner), [2005] F.C.J. No. 926, Federal Court of Appeal, ...

The family owners of a ranch (the “Chivers”) were unsuccessful in their appeal from certain aspects of a decision of the Expropriation Compensation Board (the “Board”) which had fixed compensation for the effect upon their ranch of the expropriation of a portion of that land for highway widening project

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Chivers v. British Columbia, [2005] B.C.J. No. 1227, British Columbia Court of Appeal, June 3, 2005, Esson, Prowse and Lowry JJ.A. The Chivers property was bisected by a highway such that the northern ...

Corporations who had commenced a re-zoning application to permit construction of a five-storey apartment building appealed the decision of a reviewing judge declaring an amending bylaw invalid due to a breach of procedural fairness during the hearing to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Power to amend by-laws – Judicial review – Procedural requirements and fairness – Public hearings – Standard of review – Correctness Keefe v.Clifton Corp., [2005] A.J. No. 371, Alberta Court of Appeal, April 12, 2005, McFadyen, Russell and Berger JJ.A. Residents of the area where the apartment ...

A former RCMP cadet and Muslim (“Tahmourpour”) successfully appealed from the dismissal of his human rights complaint on the basis that the investigator had failed to investigate obviously crucial evidence and had thereby breached the duty of fairness. The matter was remitted back to the Human Rights Commission.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Investigations – Human rights complaints – Discrimination – Judicial review – Procedural requirements and fairness – Witnesses Tahmourpour v. Canada (Solicitor General), [2005] F.C.J. No. 543, Federal Court of Appeal, April 6, 2005, Rothstein, Sexton and Evan JJ.A. Tahmourpour, a Canadian citizen of Middle Eastern ...

A freedom of information request led to a consideration of how the scope of standing of a tribunal in a judicial review of its own decision should be determined

28. June 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Standing in judicial review – Decisions of administrative tribunals – Hearings – Parties – Judicial review – Jurisdiction of tribunal Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner), [2005] O.J. No. 1426, Ontario Court of Appeal, April 18, 2005, R.R. McMurtry C.J.O., S.T. Goudge ...