The Court allowed a petition to remove an arbitrator of an underinsured motorist protection arbitration and vacate the rulings and orders made by the arbitrator from the time of his appointment to the present, on the grounds that there existed a reasonable apprehension of bias given that the arbitrator and his law firm had an ongoing contractual and financial relationship with the Insurance Corporation of British Columbia (“ICBC”) who was the Respondent in the arbitration. Although there was evidence that counsel for the Petitioners had some knowledge of the arbitrator or his firm’s previous relationship with ICBC, it was not sufficient to establish waiver.

22. January 2008 0
Administrative law – Insurance Corporation of British Columbia – Mandatory arbitration – Arbitration and award – Conflict of interest – Judicial review – Natural justice – Bias Tepei v. Insurance Corporation of British Columbia, [2007] B.C.J. No. 2516, British Columbia Supreme Court, November 26, 2007, A.F. Cullen J. The Petitioners, passengers in a motor vehicle ...

The Federal Court allowed an application for judicial review of a decision of the Canadian Human Rights Commission (the “Commission”), finding that the Commission’s investigation of the applicant’s complaint was less than thorough. There was no evidence that the Commission took into account the issue of racial profiling in its investigation of the Applicant’s complaint that, as a bank customer, he was discriminated against by the Respondent bank because of race and colour.

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Race – Investigations – Judicial review – Evidence – Procedural requirements and fairness – Compliance with legislation Powell v. TD Canada Trust, [2007] F.C.J. No. 1579, Federal Court, November 23, 2007, Gibson, J. The Applicant is a ...

An appeal by the Employment Standards Branch from a judicial review decision holding that missing a statutory time limit to bring an Employment Standards Complaint was not a mandatory bar to the complaint was dismissed

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Employment Standards Branch – Limitations – Employment law – Termination of employment – Judicial review – Compliance with legislation – Jurisdiction of court – Standard of review – Patent unreasonableness Karbalaeiali v. Canada (Deputy Solicitor General, Employment Standards Branch), [2007] B.C.J. No. 2542, British Columbia Court of Appeal, ...

An employee of the Government of Canada (“Johnson”) succeeded in setting aside the settlement of his Human Rights complaint that had been approved by the Canadian Human Rights Commission (the “Commission”) after a conciliation session where a letter of understanding had been drafted containing a number of agreements reached by the parties

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Employment law – Appointment – Human rights complaints – Discrimination – Race – Judicial review – Standard of review – Reasonableness simpliciter Johnson v. Canada (Attorney General), [2007] F.C.J. No 1323, Federal Court, October 4, 2007, O’Keefe J. In April 2003, Johnson filed ...

Western Forest Products Inc. (“Western”) successfully appealed from a decision of the Sunshine Coast Regional District (“Sunshine”) acting as the Local Board of Health (“LBH”) whereby Western was required to stop certain forestry activities on the basis that LBH had reason to believe that the forestry activities resulted in a health hazard

27. November 2007 0
Administrative Law – Natural resources – Forestry – Timber licences – Environmental issues – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Western Forest Products Inc. v. Sunshine Coast (Regional District), [2007] B.C.J. No. 2204, British Columbia Supreme Court, October 9, 2007, G.B. Butler J Western sought to ...

A family physician (“Dr. Litchfield”) obtained an Order suspending the decision of the College of Physicians and Surgeons of Alberta (the “College”) pending a statutory appeal of the College’s decision to strike his name from the College register for conduct unbecoming

27. November 2007 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Penalties – Stay of suspension – Judicial review – Statutory provisions – Procedural requirements and fairness Litchfield v. Alberta (College of Physicians and Surgeons), [2007] A.J. No. 1099, Alberta Court of Queen’s Bench, September 28, 2007, R.P. Marceau ...

A former employee of MacMillan Bloedel Limited who was injured in a car accident in 1979 (“Andrews”) was unsuccessful on his application for judicial review of a decision of the Human Rights Tribunal (the “Tribunal”) refusing to accept his complaint for filing because it did not allege facts which, if proven, could be discrimination under the Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”)

25. September 2007 0
Administrative law – Human rights complaints – Discrimination – Disability – Charter of Rights and Freedoms – Decisions of administrative tribunals – Human Rights Tribunal – Labour law – Collective agreements – Judicial review – Standard of review – Patent unreasonableness Andrews v. British Columbia (Human Rights Tribunal), [2007] B.C.J. No. 1608, Supreme Court of British Columbia, July ...

A pathologist who was the subject of a complaint that he had not correctly diagnosed and reported pathology results concerning various forms of cancer (“Menon”) applied for judicial review of a suspension imposed by the College of Physicians and Surgeons of New Brunswick (the “College”), and succeeded in having the complaint referred to a Board of Inquiry pursuant to the Medical Act, SNB 1981, c. 87 (the “Act”)

25. September 2007 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Correctness Menon v. College of Physicians and Surgeons of New Brunswick, [2007] N.B.J. No. 270, ...

A man who had been found not guilty by reason of insanity for a first-degree murder he committed in his teens (“Leyshon-Hughes”) applied to quash decisions of the Ontario Review Board (the “Board”) adjourning his annual Review Board hearing and mandating provision of further medical evidence as to his risk of reoffending, and for an order requiring the ORB to establish a new Review Board panel to proceed forthwith with his annual Review Board hearing

24. July 2007 0
Administrative law – Criminal charges – Inmates Not Criminally Responsible for their crimes – Decisions of administrative tribunals – Review Board – Adult in need of protection – Danger to public – Mental health – Substitute decision maker – Judicial review – Application for intervenor status – Adjournment of hearing – Evidence – Procedural requirements and fairness – Natural ...