Administrator of Thalidomide Survivors Contribution Program did not breach procedural fairness by denying extension to applicant who did not meet eligibility criteria for financial assistance

18. July 2017 0
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 ...

Airline employee’s application for judicial review of Canadian Human Rights Commission’s decision dismissed

21. June 2017 0
Application for judicial review of the Canadian Human Rights Commission’s decision to dismiss a complaint against applicant’s employer dismissed. Court rejected arguments that Commission’s investigation was insufficiently thorough due to investigator not listening to recordings of witness interviews conducted by applicant, and that investigator had prejudged case and was biased against applicant. Administrative Law – Decisions ...

Federal Court rules decision to revoke pilot’s security clearance at Montreal airport over “life-threatening” online threats was reasonable

20. March 2017 0
Federal Court dismissed pilot’s application for judicial review of Transport Canada’s decision to cancel and revoke his transportation security clearance due to safety concerns arising out of life-threatening emails he had sent several years prior. Administrative law – Decisions reviewed – Judicial Review – Pilots – Procedural requirements and fairness – Professional governance and discipline ...

BC Supreme Court finds Human Rights Tribunal’s decision that failed to establish nexus between employee’s termination and alleged sexual discrimination was not patently unreasonable

20. March 2017 0
BC Supreme Court dismissed petition for judicial review in respect of Human Rights Tribunal’s decision to summarily dismiss a complaint of sexual discrimination on the basis that the alleged contraventions occurred more than six months before the complaint was filed. Administrative law – Decisions of administrative tribunals – Discrimination – Employment law – Human rights ...

Supreme Court of Canada clarifies that a statutory right of appeal is not a new category of correctness

20. December 2016 0
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...

BC Law Society’s decision not to approve Trinity Western University’s law school unreasonable

20. December 2016 0
BC Court of Appeal found the Law Society’s decision not to approve Trinity Western University’s law school was unreasonable because it limited the right to freedom of religion in a disproportionate way. Administrative law – Admission to profession – Barristers and solicitors – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom ...

Human rights complaint investigation was sent back to Tribunal for lack of thoroughness

27. September 2016 0
An application for judicial review of the Human Rights Commission’s decision to direct a complaint for further inquiry by the Tribunal following an investigation was granted because the investigation was not sufficiently thorough.  The matter was returned to the investigator with directions. Administrative law – Age – Correctness – Decisions of administrative tribunals – Discrimination ...

The Charter and Nova Scotia Human Rights Act do not apply to Trinity Western University, a private university operating in British Columbia.

27. September 2016 0
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...

Decisions of university official regarding student group’s space booking privileges held not to be subject to Charter scrutiny

21. June 2016 0
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...