The appellant, Catalyst Paper Corporation (the “Mill”), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts’ power to review municipal taxation bylaws. The Court dismissed the appeal. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal’s property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – By-laws – Municipalities – Taxation – Validity – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Catalyst Paper Corp. v. North Cowichan (District), [2012] S.C.J. No. 2, 2012 SCC 2, Supreme Court of Canada, January 20, 2012, McLachlin C.J. ...

The Supreme Court of Canada set aside a Human Rights Tribunal decision on the basis that the doctrines of issue estoppel, collateral attack, res judicata and abuse of process applied to prevent the Tribunal from considering complaints that had already been dealt with by the Workers’ Compensation Board review division

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Human Rights Tribunal – Discrimination – Judicial review – Administrative tribunals – Compliance with legislation – Estoppel and res judicata British Columbia (Workers’ Compensation Board) v. Figliola, [2011] S.C.J. No. 52, Supreme Court of Canada, October 27, 2011, McLachlin C.J. and ...

The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation – Administrative tribunals – Costs – Right to award costs Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2011] S.C.J. No. ...

A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding

22. November 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Jurisdiction – Investigations – Physicians and surgeons – Competence – Disciplinary proceedings – Judicial review application – Premature – Independent legal counsel – Bias Rudinskas v. College of Physicians and Surgeons of Ontario, [2011] O.J. No. 4714, Ontario Superior Court of ...

The Court allowed prison inmate’s application for judicial review of the denial of his third level grievance regarding the refusal of the warden to approve his nomination for a position on the inmate committee

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Commissioner – Correctional Service – Prisons – Inmates – Grievances – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Compliance with legislation Spidel v. Canada (Attorney General), 2011 FC 999, [2011] F.C.J. No. 1228, Federal Court, August 15, 2011, Mactavish ...

A professor’s application for judicial review of university’s decision to waive academic requirements for a disabled student was denied on the ground that the professor did not have public or private interest in the matter

27. September 2011 0
Administrataive law – Decisions of administrative tribunals – University Committees – Universities – Students – Duty to accommodate – Assessment of grades – review – Parties – Standing – Jurisdiction Lukacs v. Doering, 2011 MBQB 203, [2011] M.J. No. 264, Manitoba Court of Queen’s Bench, August 25, 2011, D.J. McCawley J. The University of Manitoba ...

The Court set aside and remitted back to a re-hearing the decision of British Columbia Human Rights Tribunal which had found that sexual harassment constituted discrimination based on sex

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Sexual harassment – Judicial review – Standard of review – Correctness – Compliance with legislation Friedmann v. MacGarvie, 2011 BCSC 1147, [2011] B.C.J. No. 1613, British Columbia Supreme Court, August 24, 2011, L.W. Bernard J. For approximately ...

Sanctions were imposed on a chiropractor by the chiropractor’s Newfoundland and Labrador Chiropractic Board (the “Board”). The Newfoundland and Labrador Supreme Court allowed the chiropractor’s appeal on the basis that the Board did not comply with its duty to give reasons for its decision. The complaint was remitted back to the Board for consideration.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Chiropractic Board – Chiropractors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Costs MacAllister v. Newfoundland and Labrador Chiropractic Board, [2011] N.J. No. 205, 2011 NLTD(G) 85, Newfoundland and Labrador Supreme ...

An application to stay a coroner’s inquest, pending determination of judicial review of coroner’s refusal to expand scope of inquest or grant leave for certain witness to be called, was dismissed

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Stay of proceedings Ontario (Provincial Advocate for Children and Youth) v. Anderson Inquest (Coroner of), [2011] O.J. No. 2521, 2011 ONSC 3354, Ontario Superior Court of Justice, June 3, 2011, Lederer J. Diane Anderson and two of her children died in ...