The Court ordered that a de novo hearing by the Director of Companies (Manitoba) involving fresh evidence was required for accountability and for justice to be seen to be done and further that no costs should be ordered against either the Director or the respondent either by the Court of Appeal or the lower court

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Hearings – Hearing de novo – Judicial review – Failure to provide reasons – Costs Brian Neil Friesen Dental Corp. v. Director of Companies (Manitoba), [2011] M.J. No. 268, 2011 MBCA 71, Manitoba Court of Appeal, August 26, 2011, ...

The Court set aside the decision of the Chambers judge which held that a WCB Medical Review Panel’s decision was unreasonable and dismissed the respondent’s petition for judicial review

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Psychological injury – employment related – Hearings – Judicial review – Procedural requirements and fairness – Evidence Bagri v. British Columbia (Workers’ Compensation Board), [2011] B.C.J. No. 1691, 2011 BCCA 368, British Columbia Court of Appeal, September 8, ...

The applicant, Mr. St. Cyr, sought judicial review of a 2010 decision of the Workers’ Compensation Appeals Commission (“Appeals Commission”) which modified an earlier decision it had reached in 2008 regarding the applicant’s disability benefits. The 2008 decision had curtailed the disability benefits which the Workers’ Compensation Board had awarded the applicant, both by limiting the salary used to calculate his earning capacity and the timeframe within which he was eligible for total and partial disability benefits. In March 2009, the applicant successfully sought reconsideration of the 2008 decision, which the Appeals Commission vacated because the panel failed to apply s.63 of the Workers’ Compensation Act (the “Act”) in rendering a decision on non-compensable conditions.

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Workers compensation Appeals Commission – Workers compensation – Benefits – Average earnings – method of calculation – Judicial review – Estoppel and res judicata – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter St. Cyr v. Alberta (Worker’s Compensation Board), [2011] ...

The applicant, an owner of thoroughbred racehorses, had his horseracing and stabling privileges at the Woodbine racetrack revoked by the respondent, Woodbine Entertainment Group (“WEG”) following a training incident in which a horse suffered catastrophic injuries to his front leg and was ultimately euthanized. The applicant appealed his suspension to the respondent, Ontario Racing Commission (“ORC”), and requested that they intervene and restore his privileges. The ORC determined that, while it had the jurisdiction to hear the matter insofar as it related to the good of horseracing and involved the public interest, the applicant had not made out a basis for the ORC to intervene in WEG’s decision.

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Public interest – Judicial review – Parties – Jurisdiction – Intervenor status – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Schickedanz v. Ontario (Racing Commission), [2011] O.J. No. 3262, 2011 ONSC 4271, Ontario Superior Court of Justice, July 12, 2011, P.A. ...

The applicant, the Canadian Human Rights Commission (the “Commission”), applied for judicial review of a decision of the Canadian Human Rights Tribunal (the “Tribunal”) in which it dismissed a complaint filed by the complainant, William G.M. Shmuir, against the respondent, Carnival Cruise Lines (“Carnival”) for violating the Canadian Human Rights Act

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Canadian Human Rights Tribunal – Human rights complaints – Disability – Discrimination – Judicial review – Evidence – Legislative compliance Canada (Canadian Human Rights Commission) v. Shmuir, [2011] F.C.J. No. 1040, 2011 FC 839, Federal Court, July 8, 2011, Simpson J. The visually-impaired complainant had attended a ...

The Ontario Court of Appeal held that the Divisional Court erred in its decision ordering the appellant to hold a meeting to consider the respondent’s application as the respondent had not yet exhausted all adequate and available remedies

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Assessment Review Board – Municipalities – Property assessment – Errors – Remedies – Alternative remedies – Mandamus – Judicial review – Compliance with legislation Toth Equity Ltd. v. Ottawa (City), [2011] O.J. No. 2128, 2011 ONCA 372, Ontario Court of Appeal, May 12, 2011, R.J. Sharpe, E.E. ...

The Alberta Court of Appeal held that the Energy Resources Conservation Board’s decision to reject expert evidence submitted after the deadline was a proper exercise of its discretion under the Energy Resources Conservation Act

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Energy Resources Conservation Board – Environmental matters – Oil wells – Protections of species – Evidence – Expert reports – Admissibility – Appeals – Leave to appeal – review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Correctness ...

The Federal Court held that the Public Service Staffing Tribunal breached its duty of procedural fairness by excluding potentially relevant evidence without proper consideration and set aside the tribunal’s decision

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Appointment – Human rights complaints – Discrimination – Race – Minority rights – Judicial review – Procedural requirements and fairness – Natural justice – Evidence Murray v. Canada (Attorney General), [2011] F.C.J. No. 682, 2011 FC 542, Federal Court, ...

The Court quashed two decisions made by members of the Saskatchewan Human Rights Tribunal ordering a Tribunal inquiry into the respondents’ age discrimination complaints. The complaints had initially been refused an inquiry by the Human Rights Commissioner and the Court was of the view that had that decision been overturned, it would have undermined the legislative intention at the time the age discrimination was alleged as well as when the legislation was amended.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Judicial review – Compliance with legislation – Standard of review – Correctness – Labour law – Collective agreements – Statutory interpretation – Retrospective and retroactive operation University of Regina v. Kly, [2011] S.J. No. 141, ...