The Appellant Health Authority successfully appealed a decision of the Saskatchewan Court of Queens Bench which had upheld the decision of the Practitioner Staff Appeals Tribunal. The Tribunal had decided it could hear an appeal brought by the Respondent physicians, Drs. Kutzner and Blackwell relating to a reduction in their operating room time.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Hospital privileges – Judicial review – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Prairie North Regional Health Authority v. Kutzner, [2010] S.J. No. 650, 2010 SKCA 132, Saskatchewan Court of Appeal, October 27, 2010, J. Klebuc C.J.S., ...

The applicant (Aurora College) successfully applied to quash the decision of an adjudicator established under the Human Rights Act. The adjudicator had ordered that an investigative report be disclosed to her.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Adjudications – Human rights complaints – Discrimination – Judicial review – Disclosure – Relevance of information disclosed – Compliance with legislation – Standard of review – Correctness – Inquiries vs. adjudications Aurora College v. Niziol, [2010] N.W.T.J. No. 86, 2010 NWTSC 87, Northwest ...

The Petitioner company unsuccessfully brought a petition for judicial review in respect of the Respondents’ position of penalties regarding the Petitioner’s timber harvesting

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Penalties – Natural resources – Forestry – Timber licences – Hearings – Right to hearing – Judicial review – Compliance with legislation – Powers under legislation – Natural justice 656632 British Columbia Ltd. v. British Columbia (Minister of Forests and Range), [2010] B.C.J. No. ...

The Applicant, Ms. Fawcett, unsuccessfully brought an application for judicial review of a decision made by the Respondent, Canadian Chiropractic Examining Board, which refused to permit her to write an examination on June 12, 2010 as she did not apply for the exam or pay the required fee by the applicable deadline

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...

Mr. Tsui, an employee of the Respondent, Canada Post, was unsuccessful in bringing an application for judicial review in respect of the Canadian Human Rights Commission’s decision to dismiss his complaint after an initial investigation

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness Tsui v. Canada Post Corp., [2010] F.C.J. No. 1066, 2010 FC 860, Federal Court, August 30, 2010, O’Keefe J. The ...

The Applicants successfully brought an application for judicial review of a decision made by the Executive Director of the Human Rights Commission in which the Executive Director dismissed their complaint as being out of time

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Limitations – Discoverability rule – Judicial review – Standard of review – Reasonableness simpliciter PEI Music and Amusement Operations Association Inc. v. Prince Edward Island, [2010] P.E.I.J. No. 43, 2010 PESC 40, Prince Edward Island Supreme Court, ...

The Applicant, Mr. Khadr, successfully sought judicial review of the decision, made by the Respondent, Canada, not to seek his repatriation from Cuba and its decision to send a diplomatic note to the government of the United States

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Criminal matters – Out of jurisdiction treatment – Extradition and repatriation – Charter of Rights and Freedoms – Life, liberty or security of the person – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Disclosure – Remedies – Mandamus ...

The Petitioner, Mr. Westergaard, successfully sought judicial review of a decision of the Financial Services Tribunal (the “Tribunal”). The Tribunal’s decision had upheld the decision of the Registrar of Mortgage Brokers cancelling Mr. Westergaard’s registration. The Respondent, Registrar of Mortgage Brokers, unsuccessfully brought its own petition for judicial review of the Tribunal’s decision that section 22(7) of the Mortgage Brokers Act applied to suitability hearings.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Financial Services Tribunal – Registrar of Mortgage Brokers – Mortgage brokers – Penalties and suspensions – Competence – Hearings – Limitations – Judicial review – Evidence – Previous complaints – Compliance with legislation – Standard of review – Patent unreasonableness Westergaard v. British Columbia (Registrar of Mortgage ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...