Administrative law – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Mis v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 1320, Alberta Court of Queen’s Bench, October 29, 2002, Lee J. The applicant university professor sought to set aside a decision of the ...
Administrative law – Access to information – Production of records – Public body – Definition – Judicial review – Standard of review – Reasonableness simpliciter Macdonell v. Quebec (Commission d’accès à l’information), [2002] S.C.J. No. 71, Supreme Court of Canada, November 1, 2002, McLachlin C.J., L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. A journalist ...
Administrative law – Judicial review – Standard of review of appellate court – Correctness test – Not patently unreasonable Alberta (Minister of Municipal Affairs) v. Telus Communications Inc., [2002] A.J. No. 1068, Alberta Court of Appeal, September 4, 2002, Berger, O’Leary and Hunt JJ.A. The Municipal Government Board (“MGB”) determined that feature software used in ...
Administrative law – Human rights complaints – Disability – Evidence – Duty to accommodate – Occupational requirement Oak Bay Marina Ltd. (c.o.b. Painter’s Lodge) v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 2029, British Columbia Court of Appeal, September 10, 2002, Newbury, Hall and Saunders JJ.A. A fishing guide with a bipolar affective disorder ...
Administrative law – Human rights complaints – Boards and tribunals – Judicial review application – Standard of review – Reasonableness Simpliciter – Investigative bodies – Fairness Chopra v. Canada (Attorney General), [2002] F.C.J. No. 1082, Federal Court of Canada – Trial Division, July 12, 2002, Beaudry J. A scientist employed by Health Canada sought judicial review of the ...
Administrative law – Labour law – Arbitration – Collective agreements – Working conditions – Jurisdiction of court – Universities – Jurisdiction Hemmings v. University of Saskatchewan, [2002] S.J. No. 457, Saskatchewan Court of Appeal, July 30, 2002, Vancise, Sherstobitoff and Jackson JJ.A. A tenured professor commenced an action against the University for intimidation, intentional infliction of harm, ...
Administrative law – Workers compensation – Benefits – Charter of Rights – Discrimination – Equality rights Burnett v. British Columbia (Worker’s Compensation Board), [2002] B.C.J. No. 1738, British Columbia Supreme Court, July 25, 2002, Holmes J. The Petitioner’s spouse was killed in a work-related accident when she was 32 years old with one dependent child aged ...
Administrative law – Labour law – Collective agreements – Jurisdiction of court – Defamation – Qualified privilege Haight-Smith v. Neden, [2002] B.C.J. No. 375, British Columbia Court of Appeal, February 27, 2002, Esson, Ryan and Levine JJ.A. If the “essential character” of the dispute arises from the interpretation, application, administration or violation of the collective ...
Administrative law – Human rights complaints – Judicial review – Boards and tribunals – Bias – Breach of procedural fairness – Delay Crown Packaging Ltd. v. Ghinis, [2002] B.C.J. No. 489, British Columbia Court of Appeal, March 7, 2002, Prowse, Hall and Mackenzie JJ.A. The events alleged as the grounds of the complaint arose in November ...