The Applicant, Financial Services Tribunal, was given leave to intervene on an appeal from a Chambers decision quashing one of its decisions

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Financial Services Tribunal – Mortgage brokers – Judicial review – Application for intervenor status – Appeals – Evidence – Compliance with legislation Westergaard v. British Columbia (Registrar of Mortgage Brokers), [2011] B.C.J. No. 990, 2011 BCCA 256, British Columbia Court of Appeal, ...

The Appellant police officer, Mr. Spinks, successfully appealed the decision of the Law Enforcement Review Board, which had overturned a decision of the Superintendent of Police. The Superintendent had acquitted Mr. Spinks of Discreditable Conduct in relation to information he disclosed during a child abuse investigation.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Disclosure – Evidence – Failure to provide reasons Spinks v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 593, 2011 ABCA 162, Alberta Court of Appeal, May 27, ...

The Appellants, a group of farmers, successfully appealed the decision of a Federal Court Judge who dismissed their application for a judicial review and held that they did not have personal standing to bring the application. The application for judicial review related to a Ministerial directive issued by the Respondent Government, which changed the process for the elections of directors to the Canadian Wheat Board.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Associations and clubs – Governance – Voting rights – Judicial review – Applications – Parties – Standing Friends of the Canadian Wheat Board v. Canada (Attorney General), [2011] F.C.J. No. 297, 2011 FCA 101, Federal Court of Appeal, March 16, 2011, Létourneau, Nadeau and ...

The Applicant (1447743 Alberta Ltd.) sought leave to appeal a decision of the Respondent City’s Subdivision and Development Appeal Board, which overturned the City’s previous decision to issue a development permit to the Applicant. As a preliminary matter on the leave to appeal application, the Applicant raised concerns regarding the permissible degree of participation of the Board in the leave to appeal application.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Appeals – Leave to appeal – Tribunal’s power to participate in leave application – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Parties – Standing 1447743 Alberta Ltd. v. Calgary (City), [2011] A.J. No. 263, 2011 ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

26. April 2011 0
Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

The Appellant (the Workers’ Compensation Board) successfully appealed a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The WCAT had allowed a claim for compensation made by the Respondent (Ms. Cormier) but its decision was found to disclose a reasonable apprehension of bias.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Bias – Evidence – Standard of review – Correctness Prince Edward Island (Workers’ Compensation Board) v. Cormier, [2011] P.E.I.J. No. 2, 2011 PECA 1, Prince Edward Island Court of Appeal, January 7, 2011, D.H. Jenkins ...

The Appellant (Celgene Corporation) unsuccessfully appealed a decision of the Respondent (the Patented Medicine Prices Review Board), which had decided it possessed the authority to require Celgene to provide certain pricing information

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Patented Medicine Prices Review Board – Consumer protection – Intellectual property – Patents – Legislation – Statutory interpretation – Judicial review – Compliance with legislation – Disclosure – Jurisdiction – Standard of review – Correctness Celgene Corp. v. Canada (Attorney General), [2011] S.C.J. No. 1, 2011 SCC ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

The Appellants (the Workers’ Compensation Appeal Tribunal and the Workers’ Compensation Board) successfully appealed a decision of the Supreme Court, which had remitted Mr. Kerton’s matter (a request for an extension of time to file an appeal) back to the Tribunal for reconsideration

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Leave to appeal – Limitations – Extension of time – Compliance with legislation – Privative clauses – Jurisdiction – Delay – Standard of review – Patent unreasonableness Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] ...