The Ontario Labour Relations Board did not err in consolidating and hearing together the reprisal complaint of the Respondent against his former employer at the same time as the employer’s motion for contempt. The Respondent was not denied a fair hearing as a result of both matters being heard together.

26. April 2005 0
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) ...

An individual (“Conway”) held in mental health facilities after being found not guilty of a criminal offence by reason of insanity was successful in his appeal from the decision of the Consent and Capacity Board (the “Board”) that he was not capable of contenting to treatment with psychotropic medications

26. April 2005 0
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. ...

The Municipality of Hazelbrook was successful in its appeal to quash the ministerial decision to grant an excavation permit and a construction and demolition disposal site permit

26. April 2005 0
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 ...

A worker in a pulp and paper mill (“Speckling”) who was allegedly injured while cleaning up a boiler house was unsuccessful in his appeal from two judicial reviews of decisions of the Workers’ Compensation Board Appeal Division which rejected his claims for compensation

26. April 2005 0
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 ...

The British Columbia College of Teachers (the “College”) was unsuccessful on appeal from the Supreme Court judge’s decision to reduce the penalty for a teacher (“Mitchell”) who had engaged in a sexual relationship with a former student

26. April 2005 0
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, ...

The appellants were charged with three summary conviction offences relating to tax evasion under the Excise Tax Act. Before trial, the Crown refused to produce or disclose 55 items of information. Among those items were two items revealing the identity of other taxpayers, which the Crown maintained constituted confidential information, and three legal opinions for which the Crown claimed solicitor-client privilege. The trial judge ordered production of these items, a decision that was overturned on judicial review. The appeal of the judicial review was dismissed.

22. February 2005 0
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 ...

Applications for judicial review were brought on three issues: (1) is the Copyright Act section imposing levies on recordable media using for copying music constitutional or is this set of levies actually a system of taxation? (2) is the zero-rating program, under which certain groups of purchasers of recordable media are excused from paying the private copying levies permissible, and should it be taken into account when the Canadian Private Copying Collective (“CPCC”) sets levies? and (3) are MP3 players and/or their embedded memory properly subject to levies under the Act? The Court of Appeal dismissed the first two applications for judicial review and allowed the third, finding that the Act did not contain authority for the imposition of levies on MP3 player embedded memory

22. February 2005 0
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 ...

The President of the Progressive Conservative Party of Manitoba (“Fletcher”) was unsuccessful on appeal from a judicial review upholding the decision of the Automobile Injury Compensation Appeal Commission that had affirmed Manitoba Public Insurance Corporation’s (“MPI”) denial of his claim for additional attendant care costs that he would incur as the president of the Party

22. February 2005 0
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, ...

An employer (“Simms”) was unsuccessful in appealing the determination of the Workplace Health, Safety and Compensation Commission Appeals Tribunal (the “Appeals Tribunal”) that the Workplace Health, Safety and Compensation Commission (the “Commission”) had not set its rates higher than the rate authorized by the Commission’s own policy at the time

22. February 2005 0
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 ...