The Nova Scotia Supreme Court held that a regulation which sets a maximum value for milk quota was intra vires and valid as being a lawful exercise of statutory authority

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Dairy Farmers – Powers under legislation – Milk quotas – Legislation – Validity of legislation – Ultra vires – Judicial review – Compliance with legislation Taylor v. Dairy Farmers of Nova Scotia, [2010] N.S.J. No. 624, 2010 NSSC 436, Nova Scotia Supreme Court, November 25, 2010, P.J. ...

The Court of Appeal quashed a disciplinary tribunal’s decision as unreasonable because it rested only on an assessment of credibility but was not supported by physical evidence, did not account for the totality of the evidence, and relied on hearsay evidence offered by parties who did not witness the events in question

25. January 2011 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Witnesses – Evidence Parsons v. College of Licensed Practical Nurses, [2010] N.J. No. 374, 2010 NLTD(G) 182, Newfoundland and Labrador Supreme Court, December 1, 2010, R.M. Hall ...

The Northwest Territories Supreme Court holds that the Northwest Territories Public Utilities Board exceeded its jurisdiction by engaging in retroactive ratemaking

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Public Utilities Board – Regulation of rates – Judicial review – Standard of review – Correctness – Jurisdiction Northland Utilities (Yellowknife) Ltd. v. Northwest Territories (Public Utilities Board), [2010] N.W.T.J. No. 91, 2010 NWTSC 92, Northwest Territories Supreme Court, November 24, 2010, J.Z. Vertes J. The Northwest ...

An investigation conducted by the Canadian Human Rights Commission did not meet the standard of thoroughness and was remitted back to the Commission for reconsideration

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Disability – Employment law – Appointment – Judicial review – Investigations – Procedural requirements and fairness – Bias Hughes v. Canada (Attorney General), [2010] F.C.J. No. 1036, 2010 FC 837, Federal Court, August 23, 2010, Mactavish J. ...

The court awarded damages for mental distress after a student was unfairly expelled from a private school in Calgary

26. October 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Expulsion of students – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Remedies – Damages – Mental distress J.O. v. Strathcona – Tweedsmuir School, [2010] A.J. No. 994, 2010 ABQB 559, Alberta Court of Queen’s Bench, September 2, 2010, ...

A notary unsuccessfully applied for judicial review of a decision terminating his membership in the Society of Notaries Public of British Columbia after he was found to have engaged in practice outside of his jurisdiction

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Society of Notaries – Notaries – Disciplinary proceedings – Practice outside of jurisdiction – Penalties and Suspensions – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Evidence – Sufficient notice – Failure to provide reasons Evans v. Society of Notaries ...

An application for judicial review on a preliminary issue is rarely appropriate, and in the circumstances of this case the Government of British Columbia’s application for judicial review of a preliminary ruling rendered by the Human Rights Tribunal was premature

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Services – Customarily available to the public – Charter of Rights and Freedoms – Judicial review application – Premature British Columbia (Ministry of Attorney General) v. New Denver Survivors Collective, [2010] B.C.J. No. 1754, 2010 BCSC 1252, ...

The court dismissed the plaintiff’s claim for damages, which rested on an alleged breach of the principles of natural justice, arising because the defendant village had effected a cleanup of the plaintiff’s property

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Unsightly premises – Orders – Judicial review – Compliance with legislation – Natural justice – Notice – Procedural requirements and fairness – Damages Antonenko v. White Fox (Village), [2010] S.J. No. 342, 2010 SKQB 213, Saskatchewan Court of Queen’s Bench, June 16, ...

The applicant suffers from a learning disability and alleged that Mount Saint Vincent University failed to provide her with adequate accommodations during an examination. The Human Rights Commission declined to refer the case to the Board of Inquiry and terminated the complaint. The application for judicial review was dismissed.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Students with special educational needs – Universities – Students – Judicial review – Procedural requirements and fairness – Failure to provide reasons Green v. Nova Scotia (Human Rights Commission), [2010] N.S.J. No. 350, ...