Judicial review may not be utilized where an adequate alternative remedy, such as a statutory right of appeal, has not been exhausted prior to judicial review proceedings being taken

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...

A driver (“Wilson”) was unsuccessful on his appeal from a finding of the British Columbia Court of Appeal reinstating a notice of driving prohibition on the basis of his roadside breath sample and a peace officer’s determination that he had reasonable grounds to believe that Wilson’s ability to drive was affected by alcohol

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...

A doctoral student (“Tapics”) had enrolled in Dalhousie’s University department of oceanography to complete a PhD thesis involving sea turtles. However, a year and a half later, her field supervisor left the University and took data essential to her sea turtle research. Tapics changed her topic to right whales, but her faculty supervisor subsequently withdrew and no replacement supervisor was found by the faculty of graduate studies. Tapics sued Dalhousie and, on appeal, succeeded in establishing that her claim regarding the sea turtle “debacle” was not barred as an abuse of process.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Fairness – Students – Judicial review – Abuse of process – Jurisdiction of court Tapics v. Dalhousie University, [2015] N.S.J. No. 30, 2015 NSCA 72, Nova Scotia Court of Appeal, July 22, 2015, J.E. Fichaud, P. Bryson and J.E. Scanlan JJ.A. In ...

The Cape Breton University Student’s Union (“CBUSU”) attempted to defederate from the Canadian Federation of Students (“CFS”) through a March 2008 referendum without complying with CFS Bylaws; the referendum was held to be invalid and CBUSU was ordered to pay outstanding fees from the date of the referendum

22. September 2015 0
Administrative law – Associations and clubs – Governance – Elections – By-laws – Judicial review – Compliance with legislation – Procedural requirements and fairness Canadian Federation of Students v. Cape Breton University Students’ Union, [2015] O.J. No. 3633, 2015 ONSC 4093, Ontario Superior Court of Justice, July 10, 2015, R. Beaudoin J. The CFS claimed ...

A registered nurse (“Heffel”) was unsuccessful on appeal to the Northwest Territories Supreme Court from a decision of the Board of Inquiry under the Nursing Profession Act

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Registered Nurses Association – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Bias Heffel v. Registered Nurses Assn., [2015] N.W.T.J. No. 22, 2015 NWTSC 16, Northwest Territories ...

A physician (“Dr. Coull”) succeeded on appeal from an order of the Council of the College of Physicians and Surgeons (the “College”)

23. June 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Evidence Coull v. College of Physicians and Surgeons of Prince Edward Island, [2015] P.E.I.J. No. 20, 2015 PECA 6, Prince Edward Island Court ...

The Association des parents de l’école Rose-des-vents (the “Association”) succeeded on its appeal from the judgment of the British Columbia Court of Appeal which had set aside the chambers judge’s order striking certain paragraphs of pleadings filed by the Minister of Education and the Attorney General for British Columbia. In addition, they were successful in restoring the declaration that educational services made available to the students at Rose-des-vents (“RDV”) were not equivalent to the facilities available to majority language students in the same area.

23. June 2015 0
Administrative law – Schools and school boards – Funding – Facilities – Parental rights – Discrimination – Charter of Rights and Freedoms – Equality rights – Minority rights – Language rights – Remedies – Declaratory relief Association des parents de l’école Rose-des-vents v. British Columbia (Education), [2015] S.C.J. No. 21, 2015 SCC 21, Supreme Court ...

A privacy commissioner adjudicator ordered the Calgary Police Service to stop disclosing more information than was necessary when providing collision reports to members of the public who had been involved in traffic accidents. On judicial review, the Police Service was unsuccessful in having the adjudicator’s decision quashed.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Parties – Standing – Standard of review – Reasonableness simpliciter Calgary (City) Police Service v. Alberta (Information and Privacy Commissioner), [2014] A.J. No. 1470, 2014 ABQB ...

A bus driver who was required to retire at age 65 made a human rights complaint alleging discrimination. A Nova Scotia Board of Inquiry under the Human Rights Act found discrimination, but the School Board successfully appealed from this determination.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Age – Mandatory retirement – Labour law – Collective agreements – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Tri-County Regional School Board v. Nova Scotia (Human Rights Board of Inquiry), [2015] ...