Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...
A man complained to the Human Rights Commission that he was discriminated against based on gender when a woman failed to consider him for a babysitting position she posted on Kijiji on the basis that he was male. She was looking for someone to babysit her child in her home and preferred a female. The ...
The BC Human Rights Tribunal dismissed a respondent’s application to dismiss a complaint against him on the basis that the HRT did not have jurisdiction. The complaint was made by an individual who was not employed by the respondent or the respondent’s employer, but rather, they worked on a mutual project together. The respondent argued ...
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...
International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan. The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program. His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...
