Administrative law – Decisions of administrative tribunals – Labour and employment boards – Jurisdiction – Hearings – Consolidation – Contempt – Judicial review – Procedural requirements and fairness – Evidence McNaught v. Toronto Transit Commission, [2005] O.J. No. 224, Ontario Court of Appeal, January 27, 2005, J.M. Simmons, E.E. Gillese JJ.A. and P.C. Hennessy J. (ad hoc) ...
Administrative law – Mental health – Consent to treatment – Substitute decision maker – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Test – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Conway v. Jacques, [2005] O.J. No. 400, Ontario Superior Court of Justice, February 4, 2005, M.K. Fuerst J. ...
Administrative law – Judicial review application – Permits and licences – Judicial review – Decisions reviewed – Ministerial orders – Standard of review – Patent unreasonableness Hazelbrook (Municipality) v. Prince Edward Island, [2205] P.E.I.J. No. 9, Prince Edward Island Supreme Court – Appeal Division, February 16, 2005, J.A. McQuaid J.A., G.E. Mitchell C.J.P.E.I. and L.K. Webber ...
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Patent unreasonableness Speckling v. British Columbia (Workers’ Compensation Board), [2005] B.C.J. No. 270, British Columbia Court of Appeal, February 16, 2005, Hall, Levine and Thackray JJ.A. Speckling became ill while at work and ...
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Decisions of administrative tribunals – College of Teachers – Judicial review – Standard of review – Reasonableness simpliciter – Publication ban Mitchell v. British Columbia College of Teachers, [2005] B.C.J. No. 269, British Columbia Court of Appeal, February 16, ...
Administrative law – Judicial review – Disclosure of documents – Jurisdiction – Failure to provide reasons – Evidence Chapelstone Developments Inc. v. Canada, [2004] N.B.J. No. 450, New Brunswick Court of Appeal, December 2, 2004, Turnbull, Robertson and Richard JJ.A. The trial judge ordered production of these five items, but failed to give reasons for ...
Administrative law – Intellectual property – Copyright – Levies and taxes – Recorded music – Decisions of administrative tribunals – Copyright Board – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Canada (Canadian Private Copying Collective) v. Canadian Storage Media Alliance, [2004] F.C.J. No 2115, Federal Court of Appeal, December ...
Administrative law – Judicial review – Bias Fletcher v. Manitoba Public Insurance Corp., [2004] M.J. No 443, Manitoba Court of Appeal, December 15, 2004, Huband, Kroft and Hamilton JJ. A. Fletcher alleged that a reasonable apprehension of bias existed because the chairperson made political contributions to the New Democratic Party. Fletcher argued that the chairperson, ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Assessment rates to employers – Policies – Judicial review – Standard of review – Correctness T. S. Simms & Co. v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2004] N.B.J. No. 469, New Brunswick Court of Appeal, December 9, 2004, Drapeau C.J.N.B., Ryan ...