Administrative law – Dentists – Governance – Licence to practice – Examinations – Foreign graduates – Decisions of administrative tribunals – Dental Association and College – Judicial review – Standard of review – Patent unreasonableness – Limitations Patterson v. Alberta Dental Assn. And College, [2004] A.J. No 1162, Alberta Court of Queen’s Bench, October 14, 2004, ...
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...
Administrative law – Decisions of administrative tribunals – Egg Producers Board – Penalties – Service fees – Judicial review – Compliance with legislation Alberta Egg Producers Board v. Donszelmann, [2004] A.J. No. 1148, Alberta Court of Queen’s Bench, October 4, 2004, Johnstone J. Donszelmann had 6,000 hens removed from his farm pursuant to a Court order. ...
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Judicial review – Administrative decisions – Procedural requirements and fairness Arsenault v. Law Society of New Brunswick, [2004] N.B.J. No 395, New Brunswick Court of Queen’s Bench, August 10, 2004, Russell J. On May 10, 2004, Arsenault was suspended from practising law ...
Losenno v. Ontario (Human Rights Commission), [2004] O.J. No. 2667, Ontario Superior Court of Justice – Divisional Court, June 21, 2004, O’Driscoll, Lane and Jennings JJ. Losenno began working for Metroland as a press helper. He later became a rollman’s helper, which involved physical labour. He injured his knee off the job and Metroland accommodated ...
Bernard Homes Ltd. v. York Catholic District School Board, [2004] O.J. No. 2650, Ontario Superior Court of Justice, June 22, 2004, O’Driscoll, McCombs and Wilson JJ. Bernard developed, for residential and commercial purposes, a 61 hectare parcel in Richmond Hill between 1989 and 1995. A condition of approval of Bernard’s plan of subdivision, imposed by ...
Powerex Corp. v. Alcan Inc., [2004] B.C.J. No. 1349, British Columbia Supreme Court, June 30, 2004, Brown J. In 1997, Alcan was required to supply a given amount of power to B.C. Hydro. Alcan designated Enron Power Marketing Inc. as the supplier, but remained liable for full and proper performance of its obligations and those ...
Manitoba (Attorney General) v. Wiebe, [2004] M.J. No. 247, Manitoba Court of Appeal, June 25, 2004, Scott C.J.M., Hamilton and Freedman JJ.A. Wiebe was found to be NCR in December of 2001. At trial, a psychiatrist, a psychologist and a forensic psychiatrist gave opinion evidence that Wiebe had a borderline personality disorder (BPD), and had ...