In the hearing of two related appeals, the Court upheld the decision of the Respondent Canadian Radio-television and Telecommunications Commission (the “CRTC”) to make directions with respect to deferred funds of telecommunications carriers

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Regulation of rates – Disposition of deferral accounts – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Bell Canada v. Bell Aliant Regional Communications, [2009] S.C.J. No. 40, Supreme Court of Canada, September 18, 2009, McLachlin ...

The Appellant Superintendent unsuccessfully appealed a decision of the British Columbia Supreme Court. The B.C. Supreme Court had granted, in part, the Respondent driver’s judicial review application in respect of an adjudicator’s driving prohibition.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Suspension of driver’s licence – Breathalyser tests – Certificate of analysis – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Mitchell v. British Columbia (Superintendent of Motor Vehicles), [2009] B.C.J. No. 1428, British Columbia Court of ...

The Appellant Attorney General unsuccessfully appealed the B.C. Supreme Court’s decision, which dismissed the Appellant’s Petition for judicial review. The Appellant’s Petition sought to quash a Commissioner’s decision that allowed him to inquire into the Appellant’s decision not to lay charges in connection with Mr. Paul Frank’s death. In its Petition, the Appellant also sought a declaration that, in the absence of evidence of bad faith, the principle of Crown immunity prevented a public inquiry into the Crown’s decision not to commence criminal proceedings in the Frank Paul matter.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government – Public inquiry – Judicial review – Applications – Crown immunity – Jurisdiction – Barristers and solicitors – Crown counsel – Solicitor-client privilege British Columbia (Ministry of Attorney General, Criminal Justice Branch) v. British Columbia (Commission of Inquiry into the Death of Frank Paul – Davies ...

The Appellant Hearing Aid Practitioner, Gedge, unsuccessfully appealed the decision of the Respondent Board, which penalized him for some of his conduct as a hearing aid practitioner

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hearing Aid Practitioners Board – Hearing Aid Practitioners – Disciplinary proceedings – Penalties and Suspensions – Competence – Public interest – Judicial review – Self-governing professions – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Bias Gedge v. Hearing Aid Practitioners Board, [2009] N.J. ...

The Appellant Rault successfully appealed the penalty decision made by the Respondent Law Society’s Discipline Committee. The Committee erred in failing to adequately consider the joint submission on penalty and the Court of Appeal substituted the penalty suggested in the joint submission.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties and Suspensions – Judicial review – Self-governing professions – Powers of Disciplinary Committee – Joint submissions Rault v. Law Society of Saskatchewan, [2009] S.J. No. 436, Saskatchewan Court of Appeal, July 15, 2009, G.R. Jackson, G.A. ...

The Appellant City successfully appealed a decision of the B.C. Supreme Court, which had granted the Respondent Company’s application for judicial review. At issue was the City’s decision to alter the method by which the City was recovering certain costs associated with its implementation of a sewer system for the Company.

Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Utility services – Cost sharing – Levies and taxies – Judicial review – Compliance with legislation Andrex Developments (1985) Ltd. v. Colwood (City), [2009] B.C.J. No. 983, British Columbia Court of Appeal, May 20, 2009, L.S.G. ...

The Applicant Town’s application for judicial review was dismissed in respect of the process followed by the Respondent School District when it relied on two specific reports and recommended closure of a school in the Applicant’s area

Administrative law – Decisions of administrative tribunals – School boards – Statutory powers – Policies – Schools – Closures – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Georgetown (Town) v. Eastern School District, [2009] P.E.I.J. No. 25, Prince Edward Island Supreme Court, May 21, 2009, W.D. Cheverie J. ...

The Petitioner (Gonzalez) applied for judicial review of a decision of the B.C. Human Rights Tribunal, which found that the Tribunal lacked jurisdiction over the Petitioner’s complaint. The application for judicial review was dismissed.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judges – Judicial immunity – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Gonzalez v. British Columbia (Attorney General), [2009] B.C.J. No. 955, British Columbia Supreme Court, ...

The Applicant (Khiamal) successfully applied for judicial review of a decision of the Canadian Human Rights Tribunal that dismissed his complaint of discrimination against the Respondent, Greyhound Canada Transportation Corporation

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Race – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Khiamal v. Canada (Canadian Human Rights Commission), [2009] F.C.J. No. 612, Federal Court, May 12, 2009, Mandamin J. Khiamal (the “Applicant”) is a man ...