The Workers Compensation Appeal Tribunal (WCAT) appealed a decision, which allowed the Respondent’s application for a judicial review of compensation entitlement and invalidating a policy. The respondent cross-appealed the judicial review decision on the basis of the invalidation of policy.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Policies – Validity and application of policies and guidelines – Statutory provisions – Judicial review – Compliance with legislation – Jurisdiction of court Jozipovic v. British Columbia (Workers’ Compensation Appeal Tribunal), [2012] B.C.J. No. 801, 2012 BCCA 174, ...

The Applicant sought unsuccessfully a judicial review of a decision of the Public Service Labour Relations Board (the “Board”), which dismissed her complaints under the Public Service Labour Relations Act and applications for the Board’s consent to institute prosecutions for breaches of the Act. The Board had dismissed the complaints and applications on the grounds that they were more appropriately dealt with in hearings currently being held by the Board or in proceedings brought by the applicant in Federal Court, and that adjudicating numerous complaints stemming from essentially the same subject matter served no legitimate labour relations purpose.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Discretion of tribunal – Labour law – Collective agreements – Judicial review application – Compliance with legislation – Procedural requirements and fairness Bremsak v. Professional Institute of the Public Service of Canada, [2012] F.C.J. No. 528, 2012 FCA 91, Federal Court of ...

The Applicant, Mental Inpatient Services, applied successfully for an order to involuntarily detain the respondent, P.D., and for committal for treatment at a psychiatric rehabilitation facility for a period not exceeding one year. The respondent was diagnosed to be suffering from paranoid schizophrenia including exhibiting psychotic and delusional behaviors.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Mental Health Inpatient Services – Judicial review – Mental health – Substitute decision maker – Adult in need of protection Regina Qu’Appelle Health Region (Mental Health Inpatient Services, Director) v. P.D., [2012] S.J. No. 235, 2012 SKQB 136, Saskatchewan Court of Queen’s Bench, April 2, 2012, T.C. ...

The Court of Appeal allowed the appeal of the Worker’s Compensation Board and restored its decision to compensate an injured worker based on calculations made under a new policy implemented under the Workers’ Compensation Act

27. March 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Statutory provisions – Policies – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Mellor v. Saskatchewan (Workers’ Compensation Board), [2012] S.J. No. 57, 2012 SKCA ...

The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct

27. March 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Billing matters – Records – Penalties – Judicial review – Evidence Visconti v. College of Physicians and Surgeons of Alberta, [2012] A.J. No. 123, 2012 ABCA 46, Alberta ...

The Appellants unsuccessfully appealed Court of Appeal judgments concerning their motion for declaratory judgments that a decision to deny their children exemptions from a class concerning ethics and religious culture constituted an infringement on their freedom of conscience and religion

27. March 2012 0
Administrative law – Decisions of administrative tribunals – School boards – Charter of Rights and Freedoms – Freedom of Religion – Schools – Parental rights – Judicial review – Mootness S.L. v. Commision scolaire des Chênes, [2012] S.C.J. No. 7, 2012 SCC 7, Supreme Court of Canada, February 17, 2012, McLachlin C.J. and Binnie, LeBel, ...

The appellant ship captain was unsuccessful in his appeal of a decision by the Worker’s Compensation Appeal Tribunal which upheld the respondent’s decision to dismiss the appellant following the sinking of his ship

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Employment law – Termination of employment – Discrimination – Judicial review – Application – Evidence Henthorne v. British Columbia Ferry Services Inc., [2011] B.C.J. No. 2228, 2011 BCCA 476, British Columbia Court of Appeal, November 24, 2011, M.V. Newbury, H. Groberman and N.J. ...

The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the “SIU”) investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police – Remedies – Declaratory relief – Judicial review – Investigations – Mootness – Parties – Standing – Jurisdiction Schaeffer v. Ontario (Provincial Police), [2011] O.J. No. 5033, 2011 ONCA 716, Ontario Court of Appeal, November 15, 2011, R.J. Sharpe, R.P. Armstrong and P.S. Rouleau JJ.A. The ...

The Court of Appeal remitted the matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Failure to provide reasons – Limitations McLean v. British Columbia (Securities Commission), [2011] B.C.J. No. 2124, 2011 BCCA 455, British Columbia ...