The Human Rights Tribunal of Ontario (the “Adjudicator”) found that a police constable, Michael Shaw, (“Shaw”) discriminated against a Canada Post carrier, Ronald Phipps (“Phipps”) contrary to the Human Rights Code, RSO 1990 c.19 (the “Code”). Shaw’s appeal from the judicial review upholding the Adjudicator’s decision was dismissed.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Adjudication – Human rights complaints – Discrimination – Race – Police officers – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Phipps, [2012] OJ 2601, 2012 ONCA 155, Ontario Court of ...

The decision of the Senate to suspend a university student for misconduct was set aside for lack of procedural fairness and an order was made to implement the Senate Committee’s recommendation allowing the student’s appeal

Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Investigations – Judicial review – Procedural requirements and fairness – Failure to provide reasons Dunne v. Memorial University of Newfoundland, [2012] N.J. No. 89, Newfoundland and Labrador Supreme Court, March 8, 2012, A.E. Faour J. Dunne, a student at ...

The Supreme Court of Canada upheld the reprimand of a lawyer who had written an inflammatory letter to a judge, despite the acknowledged limitation such a sanction placed on his expressive rights under the Charter.

Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Human rights complaints – Charter of Rights and Freedoms – Freedom of expression – Validity of legislation – Judicial review – Jurisdiction – Standard of review –  Reasonableness simpliciter –  Correctness Doré v. Barreau ...

Supreme Court of Canada upheld the Nova Scotia Human Rights Commission’s decision to refer a complaint about differential funding of French-language schools in Halifax to a board of inquiry. The decision was a discretionary determination by an administrative tribunal exercising a screening function warranting deference .

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Jurisciction of commission – Referral to Board of Inquiry – Discretion of delegated authority – Human rights complaints – Charter of Rights and Freedoms – Discrimination – Minority rights – Schools – Funding – Judicial review – Jurisdiction – Standard of review – Reasonableness ...

The British Columbia Teachers’ Federation (the “Federation”) lost an appeal from a preliminary arbitration ruling finding that the failure of school boards to implement student codes of conduct in accordance with a Ministerial Order was not an arbitrable issue since it was not a term of the collective agreement, did not have even an implicit connection to the collective agreement and was not employment-related legislation incorporated into the collective agreement by s. 27 of the School Act

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Labour law – Collective agreements – Schools – Students – Code of conduct – School boards – Powers and duties – Judicial review – Ministerial orders – Compliance with legislation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public ...

A complainant’s application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Investigations – Abuse of process – Disclosure of record – Judicial review – Procedural requirements and fairness Davidoff v. Law Society of Alberta, [2011] A.J. No. 1442, 2011 ABQB 668, Alberta Court of Queen’s Bench, November 1, ...

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

A lawyer (“Luk”) lost her appeal from a professional misconduct conviction by the Law Society of Manitoba (the “Law Society”) for failing to notify her insurer after becoming aware of facts giving rise to a potential claim

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation Eva Yee-Wah Luk v. Law Society of Manitoba, [2011] M.J. No. 313, 2011 MBCA 78, Manitoba Court of Appeal, September 23, 2011, M.H. Freedman, R.J.F. Chartier and M.M. ...

Howard Johnson Inn (“Howard Johnson”) and their employee John Pontes (“Pontes”) were unsuccessful in appealing a Saskatchewan Human Rights Tribunal (the “Tribunal”) finding that they had discriminated against a First Nations man (“Tataquason”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Race – Charter of Rights and Freedoms – Equality rights – Judicial review – Bias – Compliance with legislation Howard Johnson Inn v. Saskatchewan Human Rights Tribunal, [2011] S.J. No. 599, 2011 SKCA 110, Saskatchewan Court of ...