Administrative law – Decisions of administrative tribunals – Transportation Agency – Limitations – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian National Railway Co. v. Canada (Canadian Transport Agency), [2008] F.C.J. No. 862, Federal Court of Appeal, May 29, 2008, Desjardins, Nöel and Blais JJ.A. The ...
Administrative law – Labour law – Arbitration – Arbitration agreements – Terms of agreement – Arbitrators – Powers – Judicial review – Appeals – Bias – Legislation – Orders-in-council – Validity – Jurisdiction Team Transport Services Ltd. v. Klair, [2008] B.C.J. No. 953, British Columbia Court of Appeal, May 28, 2008, M.A. Rowles, N.V. Newbury ...
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Statutory powers – Investigations – Hearings Ferrari v. College of Physicians and Surgeons of Alberta, [2008] A.J. No. 262, Alberta’s Court of Queens Bench, March 10, 2008, Foster, J. ...
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Public interest – Previous criminal conviction – Judicial review – Failure to provide reasons Ontario (Alcohol and Gaming Commission) v. Arena Entertainment (C.O.B. Circa), [2008] O.J. No. 1167, Ontario Superior Court of Justice, Divisional Court, March 25, 2008, Lietch, ...
Administrative law – Judicial review – Permits and licences – Motor vehicle inspection – Public officer – Delegated authority – Compliance with legislation – Public safety – Procedural requirements and fairness Societe de L’Assurance Automobile du Quebec v. Cyr, [2008] S.C.J. No. 13, Supreme Court of Canada, March 28, 2008, McLachllin C.J. and Bastarache, Binnie ...
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Validity – Notice and consultation – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), [2008] A.J. No. 26, Alberta Court of ...
Administrative law – Decisions of administrative tribunals – Board of Adjudication – Human rights complaints – Discrimination – Test – Gender – Judicial review -Jurisdiction of tribunal – Standard of review – Correctness – Reasonableness simpliciter Manitoba High Schools Athletic Association Inc. v. Pasternak, [2008] M.J. No. 10, Manitoba Court of Queen’s Bench, January 21, ...
Administrative law – Medicinal use of marijuana – Charter of Rights and Freedoms – Life liberty or security of the person – Validity of legislation – Judicial review application – Standard of review – Correctness – Compliance with legislation – Legislation – Ultra vires Sfetkopoulos v. Canada (Attorney General), [2008] F.C.J. No. 6, Federal Court ...
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...