The Alberta Court of Appeal holds that the Dispute Resolution and Decision Review Body of the Workers’ Compensation Board has the jurisdiction to reconsider its own decisions

Administrative law – Workers Compensation Boards – Disability – Jurisdiction – Appeals Watson v. Alberta (Workers’ Compensation Board), [2011] A.J. No. 450, 2011 ABCA 127, Alberta Court of Appeal, May 3, 2011, J.E.L. Cote, J.D.B. McDonald JJ.A. and G.A. Verville J. In March 1999, the respondent, Patricia Watson, filed a claim with the Workers’ Compensation ...

The Court of Appeal holds that the Claims Service Review Committee of the Workers’ Compensation Board has the jurisdiction to rescind its own decision in the face of a conflicting decision from the Appeals Commission

Administrative law – Workers Compensation Boards – Workers Compensation Appeals Commission Lee v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 451, 2011 ABCA 128, Alberta Court of Appeal, May 3, 2011, Sharlow, Layden-Stevenson and Stratas JJ.A. The respondent, Kim Lee, was injured at work in 1994. Throughout 1994 and 2002 the internal ...

The Supreme Court of Canada holds that the Prime Minister’s office, the office of the Minister of Defence, and the office of the Minister of Transport are not “government institutions” and thus not subject to the Access to Information Act

Administrative Law – Access to Information – Judicial review – Ministerial – Statutory interpretation Canada (Information Commissioner) v. Canada (Minister of National Defence), [2011] S.C.J. No. 25, 2011 SCC 25, Supreme Court of Canada, May 13, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ. The appellant, the Information Commissioner of ...

The Court of Queen’s Bench holds that the Agricultural Operations Review Board is a specialized tribunal and that its decisions ought to attract deference from a reviewing court

Administrative Law – Agriculture – Standard of Review – Reasonableness R.J. Farms & Grain Transport Ltd. (c.o.b. RJ Game Farms) v. Agricultural Operations Review Board, [2011] S.J. No. 286, 2011 SKQB 185, Saskatchewan Court of Queen’s Bench, May 6, 2011, J.L. Pritchard J. The applicant, R.J. Game Farms, operates a large bison farm on several ...

A demolition order issued by a Regional Municipality pursuant to the Municipalities Act is overturned as unreasonable

Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Unsightly premises – Demolition orders – Validity – Judicial review – Legislative compliance – Standard of review – Reasonableness simpliciter Beaudin v. Vanscoy (Regional Municipality No. 345), [2011] S.J. No. 97, 2011 SKQB 75, Saskatchewan Court of Queen’s Bench, February ...

An appeal to the court pursuant to the Business Names Registration Act is a review on the record rather than a hearing de novo

Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Registration – Appeal process – Hearing de novo – Judicial review – Appeals – Compliance with legislation Brian Neil Friesen Dental Corp. v. Director of Companies Office (Manitoba), [2011] M.J. No. 50, 2011 MBCA 20, Manitoba Court of Appeal, ...

A disciplinary decision made by the Council of the British Columbia Veterinary Association, without a meeting, is overturned on the basis that the process followed did not accord with the Association’s Bylaws

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Rules and by-laws – Adherence to by-laws – Veterinarians – Disciplinary proceedings – Hearings – Conduct of hearings – Judicial review – Bias – Procedural requirements and fairness Bhullar v. British Columbia Veterinary Medical Association, [2011] B.C.J. No. 235, 2011 BCSC 182, British Columbia ...

An application for production of documents from a decision maker in the context of a judicial review application is denied

Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

A decision by the Chief of the Defence Staff dismissing a grievance pursuant to s. 29 of the National Defence Act is quashed

Administrative law – Decisions of administrative tribunals – Military Committees – Military – Promotions – Eligibility – Labour – Grievances – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Zimmerman v. Canada (Attorney General), [2011] F.C.J. No. 163, 2011 FCA 43, Federal Court of Appeal, ...