Administrative law – Decisions of administrative tribunals – Discretion of court – Judicial review – Jurisdiction of court – Tribunal decisions – Physicians and surgeons – Disciplinary proceedings – Evidence – Delay – Public interest Rathé v. Ontario (Health Professions Appeal and Review Board), [2002] O.J. No. 4787, Ontario Superior Court of Justice, December 6, 2002, Blair, ...
Administrative law – Boards and tribunals – Jurisdiction – Right to appear in a review of its own decision – Judicial review – Application for intervenor status – Bias Eckervogt v. British Columbia (Minister of Employment and Investment), [2002] B.C.J. No.2755, British Columbia Court of Appeal, December 10, 2002, Smith J.A. The Appellant applied for compensation ...
Administrative law – Boards and tribunals – Jurisdiction – Legislation – Ultra vires Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 513, Nova Scotia Court of Appeal, December 5, 2002, Saunders, Chipman and Hamilton JJ.A. The Respondent chicken producers had been, for 20 years, on a waiting list maintained by the Chicken Farmers of ...
Administrative law – Real estate agents – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Commercial Appeals Commission – Hearing de novo – Duty to consider penalties Wong v. Real Estate Council of British Columbia, [2002] B.C.J. No. 2786, British Columbia Court of Appeal, December 13, 2002, Ryan, Mackenzie and Thackray JJ.A. The Real ...
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Jurisdiction – Municipalities – Power to enact by-laws Federation of Canadian Municipalities v. AT & T Canada Corp., [2002] F.C.J. No. 1777, Federal Court of Appeal, December 17, 2002, Létourneau, Nadon and Pelletier, JJ.A. This was an appeal from a decision of ...
Administrative law – Elections – Right to vote – Documentation – Decisions of administrative tribunals – Judicial review application – Standard of review – Correctness Coalition of Progressive Electors v. Vancouver (Deputy Chief Electoral Officer), [2002] B.C.J. No. 2939, British Columbia Supreme Court, November 13, 2002, Powers, J. This was an application for judicial review of a ...
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Stay of proceedings – Res judicata – Kienapple rule R. v. Frederickson, [2002] B.C.J. No. 2895, British Columbia Supreme Court, December 23, 2002, Ross J. This was an appeal from a decision of a Provincial Court judge to enter ...
Administrative law – Schools – Human rights complaints – Discrimination – Sexual orientation – Judicial review – Standard of review – Correctness North Vancouver School District No. 44 v. Jubran, [2003] B.C.J. No. 10, British Columbia Supreme Court, January 2, 2003, Stewart, J. Jubran, a high school student, filed a complaint of discrimination against School District No. ...
Administrative law – Legislative assembly – Executive officers – Duty of fairness – Official appointments – Judicial review – Procedural requirements Roberts v. Northwest Territories (Commissioner), [2002] N.W.T.J. No. 81, Northwest Territories Supreme Court, October 23, 2002, Vertes J. The appointment of the Conflict Commissioner was for a four-year term. Fifteen months into her tenure, the Legislative ...