The central issue on this judicial review application was the manner in which statutory action and holiday pay on earned commissions was treated in the employee’s employment contract

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Remuneration – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Patent unreasonableness Brandt Tractor Ltd. v. Claypool, [2015] B.C.J. No. 941, 2015 BCSC 759, British Columbia Supreme Court, May 11, 2015, P.W. Walker J. ...

The Alberta Court of Appeal granted a veterinarian’s application for a stay of suspension from practice

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Remedies – Injunctions – Judicial review – Stay of proceedings Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 553, 2015 ABCA 176, Alberta Court of Appeal, May 21, ...

This matter concerns an appeal from the dismissal of a petition for judicial review of a decision of the Human Rights Tribunal (“Tribunal”) refusing to accept the appellants’ complaint for filing because it was not filed in time. The appeal was dismissed by the B.C. Court of Appeal.

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights  complaints – Discrimination – Race – Continuing contravention – Judicial review – Limitations – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Chen v. Surrey (City), [2015] B.C.J. No. 257, 2015 BCCA 57, British Columbia Court of ...

Alberta Court of Appeal upholds a decision from the Council of the Alberta Association of Architects (“Association”) that held: (i) an architect engaged in architectural practice without Association registration is not immune from regulatory discipline and (ii) an architect that de-registers with the Association after a complaint has been filed but prior to a disciplinary proceeding is not immune from prosecution and sanction

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Governance – Disciplinary proceedings – Professional misconduct – De-registration – Unauthorized practice – Public interest – Judicial review – Compliance with legislation  – Procedural requirements and fairness – Bias Ho v. Alberta Assn. of Architects, [2015] A.J. No. 186, 2015 ABCA ...

On judical review the court found that a failure to interview supervisors, when there is an allegation made against them that they were discriminatory, amounted to a breach of procedural fairness pursuant to the test set out in Slattery v. Canada (Human Rights Commission), (1994) 73 F.T.R. 161.

25. March 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Gender – Judicial review – Procedural requirements and fairness – Evidence Tessier v. Nova Scotia (Human Rights Commission), [2014] N.S.J. No. 76, 2014 NSSC 65, Nova Scotia Supreme Court, February 19, 2014, A.J. LeBlanc J. From 1998 ...

On judicial review, the court quashed a decision of the Workplace Health, Safety and Compensation Review Division on the basis that the Review Division unreasonably applied a cap to the applicant’s pension replacement benefit

25. March 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Loss of earnings – Pensions – Calculations – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter Allen v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2014] N.J. ...

After eight years, an articled student is given the right to be enrolled by the Law Society of British Columbia (“LawSoc”) with conditions

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Hearings – Judicial review – Evidence – Credibility – Compliance with legislation – Failure to provide adequate reasons Mohan v. Law Society of British Columbia, [2013] B.C.J. No. 2487, 2013 BCCA 489, British Columbia Court of Appeal, ...

A refusal by Workers Compensation Board (“WCB”) to pay for an injured worker’s medical marihuana is found reasonable by the Court on judicial review

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Medicinal use of marijuana – Judicial review – Compliance with legislation – Policies – Ultra vires – Jurisdiction – Standard of review – Reasonableness simpliciter Heilman v. Workers’ Compensation Board, [2013] S.J. No. 680, 2013 SKQB 403, Saskatchewan Court of Queen’s ...

In this case, the Supreme Court of Canada considered the distinction between arbitrators and courts with respect to awarding interest

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Natural resources – Forestry – Timber licences – Government – Expropriation – Interest – Compound vs. simple interest – Judicial review – Compliance with legislation – Interpretation British Columbia (Forests) v. Teal Cedar Products Ltd., [2013] S.C.J. No. 51, 2013 SCC 51, Supreme ...