Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...

Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so

19. January 2021 0
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...

Decision to launch public hearing into transit officer’s assault of a black student in 2011 was restored

20. October 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Appeals – Procedural requirements and fairness – Delay – Public hearings – Natural justice – Standard of review – Reasonableness – Abuse of process – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record Diaz-Rodriguez v. British Columbia (Police ...

City ordered to produce redacted legal invoices from collective bargaining process on a freedom of information request

20. October 2020 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Disclosure – Exceptions – Judicial review – Legislative compliance – Standard of review – Reasonableness – Municipalities – Statutory interpretation Brockville (City) v. Ontario (Information and Privacy Commissioner), [2020] O.J. No. 3160, ...

Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...

Court determined that email chains that did not include the clients’ lawyers, but wherein the clients discussed the lawyers’ privileged opinions and work products, were protected by solicitor-client privilege

18. June 2019 0
Administrative law – Judicial review – Applications – Freedom of information and protection of privacy – Access to information – Solicitor-client privilege – Government Alberta (Minister of Municipal Affairs) v. Alberta (Information and Privacy Commissioner), [2019] A.J. No. 466, 2019 ABQB 274, Alberta Court of Queen’s Bench, April 17, 2019, S.N. Mandziuk J. As part of ...

Decision to uphold medical school participant’s dismissal from the program due to theft was found to be unreasonable because the appeal tribunal failed to consider the law regarding the school’s duty to accommodate the participant’s mental health disorder

19. March 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Judicial review – Appeals – Standard of review – Reasonableness – Universities – Duty to accommodate – Professors – Professional governance and discipline – Professional misconduct / conduct unbecoming Haghir v. University of Saskatchewan, [2019] S.J. No. 34, 2019 SKCA 13, Saskatchewan Court of Appeal, January 30, ...

Federal Court agrees with veteran pension applicant that it was unreasonable for the pension appeal panel to consider his supporting physician’s opinion linking his injury to his armed forces services to be speculative and thus not credible. Panel’s decision was set aside and returned to a differently constituted panel for redetermination.

19. March 2019 0
Administrative law – Decisions reviewed – Veterans Review and Appeal Board – Pension Appeals Board – Disability – Eligibility – Judicial review – Appeals – Evidence – Standard of review – Reasonableness Crummey v. Canada (Attorney General), [2019] F.C.J. No. 54, 2019 FC 73, Federal Court (Halifax, Nova Scotia), January 18, 2019, R.F. Southcott J. The ...

Ontario Court quashes City of Hamilton’s decision to remove political party’s discriminatory, anti-transgender bus-stop ads due to failure to consider the party’s Charter right to free speech

18. December 2018 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness – Human rights complaints – Discrimination – Gender Christian Heritage Party of Canada v. Hamilton (City), [2018] O.J. No. 5105, 2018 ONSC 3690, Ontario Superior Court of Justice, October 4, ...