The Prince George Nannies and Caregivers Ltd. unsuccesfully applied for judicial review of an order that it contravened s. 10 of the Employment Standards Act

24. August 2010 0
Administrative law – Employment law – Decisions of administrative tribunals – Employment Standards Tribunal – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Prince George Nannies and Caregivers Ltd. v. British Columbia (Employment Standards Tribunal), [2010] B.C.J. No. 1255, 2010 BCSC 883, British Columbia Supreme Court, June 23, 2010, R.J. ...

The Federal Court of Appeal overturned a decision which held that a Directive that banned smoking both indoors and outdoors at federal correctional facilities was invalid

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Prison Commissioner – Statutory powers – Prisons – Smoking ban – Judicial review – Compliance with legislation Mercier v. Canada (Correctional Service), [2010] F.C.J. No. 816, 2010 FCA 167, Federal Court of Appeal, June 21, 2010, Nadon, Pelletier and Trudel JJ.A. This was an appeal of a ...

The Workers’ Compensation Appeal Tribunal does not have the residual discretion to reject applications for an extension of time under s. 243(3) of the Workers Compensation Act once the two statutory criteria set out in that provision are met

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers compensation – Extention of time – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), 2010 B.C.J. No. 830, 2010 BCSC 644, British Columbia Supreme Court, May 5, 2010, E. ...

The Dispute Resolution and Decision Review Body, an internal review board of the Workers’ Compensation Board, does not have the jurisdiction to reconsider its own decision. Likewise, the Board’s Appeals Commission does not have the jurisdiction to consider issues that are not under appeal.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers compensation – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Watson v. Alberta (Workers’ Compensation Board), [2010] A.J. No. 485, 2010 ABQB 280, Alberta Court of Queen’s Bench, April ...

The court upheld a decision of the Appeals Commission of the Alberta Workers’ Compensation Board that an equipment operator who answered a personal call from his daughter after her car went off the road was acting in the course of his employment

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Worker, defined – In and out of the course of employment – Personal time – Judicial review – Standard of review – Reasonableness simpliciter Pontes Estate v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2010] A.J. No. 487, 2010 ABQB ...

An administrative tribunal established pursuant to Alberta’s Fair Trading Act, did not commit an error of law when it referred to unsworn evidence as “testimony” or when it considered the applicant’s previous disciplinary history

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Standard of review – Reasonableness simpliciter – Evidence, admissibility – Past conduct – Previous complaints – Public interest Ahmad v. Alberta Motor Vehicle Industry Council, [2010] A.J. No. 525, 2010 ABQB 293, Alberta Court of Queen’s ...

A petition seeking judicial review of a report authored by a commission on the appropriate use of conducted energy weapons (Taser) in British Columbia was not struck pursuant to Rule 19(24) of the Rules of Court

22. June 2010 0
Administrative law – Public inquiry – Commision of Inquiry – Commissioner – Abuse of process – Judicial review – Reasonable apprehension of bias Taser International, Inc. v. British Columbia (Commissioner), 2010 B.C.J. No. 802, 2010 BCSC 623, British Columbia Supreme Court, May 3, 2010, R.J. Sewell J. In October 2007, Mr. Robert Dziekanski died at ...

The Applicants, who were not allowed to participate in the arbitration process due to their failure to pay the required fees, successfully argued that it was manifestly unfair for the arbitrator to render a decision against them. The Applicants ought to have been given the opportunity to make submissions with respect to the Respondent’s claim against them.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitrators – Powers – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Mericle v. Basement Systems (Calgary) Inc., [2010] A.J. No. 221, 2010 ABQB 137, Alberta Court of Queen’s Bench, February 22, 2010, W.A. Tilleman J. This was ...

The Applicant, a housing co-operative, successfully argued that its decision to terminate an individual’s membership and occupancy rights was both reasonable and fair. In accordance with this finding, the court issued a Writ of Possession in favour of the housing co-operative.

27. April 2010 0
Administrative law – Housing co-operative – Governance – Membership – Termination – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Forestwood Co-operative Homes Inc. v. Blake, [2010] O.J. No. 678, 2010 ONSC 1179, Ontario Superior Court of Justice, February 22, 2010, D.G. Price J. The Applicant, Forestwood Co-operative Homes ...