The Court declined the respondents’ application to convert Workers’ Compensation Board proceedings to a court action but permitted their request to challenge WCB orders as the respondents faced the possibility of imprisonment

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Tribunal orders – Contempt – Judicial review – Collateral attack – Compliance with legislation – Evidence British Columbia (Workers’ Compensation Board) v. Skylite Building Maintenance Ltd., [2013] B.C.J. No. 1988, 2013 BCSC 1666, British Columbia Supreme Court, September 10, 2013, G. Funt J. ...

Police officer’s appeal of dismissal of his application for judicial review was dismissed on the ground that a jurisdictional error, in and of itself, doesn’t constitute an exceptional circumstance justifying judicial intervention regarding an interlocutory decision

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Notice – Judicial review application – Premature – Jurisdiction – Remedies – Alternative remedies Black v. Canada (Attorney General), [2013] F.C.J. No. 1001, 2013 FCA 201, Federal Court of Appeal, September ...

The Court of Appeal upheld the decision of of the Board of Directors of the Nurses Association of New Brunswick revoking the appellant’s membership and registration and setting terms for his re-application. The Court held that the lower court had given proper deference to the Directors’ decision, and that whether the appellant’s acts were done in good faith or not did not change the fact that they constituted professional misconduct.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Association of Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Standard of review – Reasonableness simpliciter Doak v. Nurses Assn. of New Brunswick, [2013] N.B.J. No. 200, 2013 NBCA 45, New Brunswick Court of Appeal, July 11, ...

The Court issued an order quashing the appellants’ statutory appeals and applications for review of an Environmental Review Tribunal’s decision. The appellants had been ordered to assume the costs of remediation activities on property formerly owned by two companies which had insufficient funds to cover the cost of remediation. The appellants were all former directors or officers of one or both of the companies.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – remediation – Judicial review – Appeals – Jurisdiction of court – Stay of proceedings – Remedies – Interlocutory injunctions Baker v. Ontario (Director, Ministry of the Environments), [2013] O.J. No. 3145, 2013 ONSC 4142, Ontario Superior Court of ...

Court of Appeal overturned the decision of a chambers judge and upheld a decision of the BC Human Rights Tribunal awarding a mentally disabled appellant damages for discrimination in tenancy. The appellant had purchased a motor home and the respondent had refused to rent the pad on which the home was located and refused to consent to the vendors’ lease to the appellant.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Landlord and tenant – Leases – Human rights complaints – Disability – Discrimination – Judicial review – Privileged communications – Disclosure – Evidence – admissibility – Judicial notice Silver Campsites Ltd. v. James, [2013] B.C.J. No. 1302, 2013 BCCA 292, British Columbia Court ...

The Ontario Provincial Police appealed the decision of the Civilian Police Commission which overturned a Hearing Officer’s decision to dismiss the respondent, Constable C.S. Purbrick. The court dismissed the appeal and upheld the Commission’s decision on the basis that its decision finding numerous inadequacies with the Hearing Officer’s decision was reasonable in the circumstances. The Court also found the penalties imposed by the Commisssion to be reasonable.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Ontario (Provincial Police) v. Purbrick, [2013] O.J. No. 1821, 2013 ONSC 2276, Ontario Superior Court of Justice, April ...

The appellant sought to have a decision of the Saskatchewan Registered Nurses’ Association reversed on the basis that its failure to grant the appellant an adjournment constituted a breach of procedural fairness and a denial of natural justice. The Court allowed the appeal, noting that the public protection aspect of a speedy hearing was not a factor as the appellant was no longer working as a registered nurse, and that the serious consequences of the hearing warranted the appellant the right to be heard.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Nurses’ Association – Nurses – Professional misconduct / conduct unbecoming – Investigations – Disciplinary proceedings – Public interest – Hearings – Adjournment of hearing – Judicial review – Disclosure of records – Evidence – Natural justice – Procedural requirements and fairness Pittman v. Saskatchewan Registered Nurses’ Assn. ...

The applicant applied for a judicial review of The Association of United Ukrainian Canadians National Committee’s decision to sell a camp it owned in Alberta seeking an injunction on the sale or an order declaring it a nullity. The Court granted an injunction on the sale pending an appeal to the National Convention, which the association failed to grant the applicant despite statutory entitlement.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Associations and clubs – Sale of assets – Legality – Judicial review – Jurisdiction – Remedies – Injunctions Woloshyn v. Assn. of United Ukrainian Canadians, [2013] A.J. No. 439, 2013 ABQB 262, Alberta Court of Queen’s Bench, May 2, 2013, C.A. Kent J. The applicant, a member ...

Applicant unsucessfully applied for a judicial review of two reports of findings of the Office of the Privacy Commissioner of Canada. The Court determined that the applicant had a more appropriate remedy by applying to the Federal Court for a compliance order or award of damages.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Production of records – Judicial review – Jurisdiction of court – Remedies – Alternative remedies Kniss v. Canada (Privacy Commissioner), [2013] F.C.J. No. 56, 2013 FC 31, Federal Court, January 15, 2013, ...