The Applicant, Schroder, successfully sought judicial review of the Respondent Board’s decision to discontinue his disability benefits

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Policies – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Schroder v. Alberta (Workers’ Compensation Board), [2009] A.J. No. 1109, Alberta Court of Queen’s Bench, October 9, 2009, M.T. Moreau J. The Applicant Worker injured ...

The Court of Appeal denied Kalo’s application for an order that the Respondent Law Society immediately accept him, on a without prejudice basis, into its admissions program pending the outcome of his avenues of appeal wherein he was disputing the Law Society’s decision to reject him for admission

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Training requirements – Competence – Judicial review – Appeals – Jurisdiction of court – Remedies – Injunctions – Availability Kalo v. Law Society of Manitoba, [2009] M.J. No. 342, Manitoba Court of Appeal, September 29, 2009, ...

The court set aside a decision of the Respondent Review Board and reinstated the decision of the College of Physicians and Surgeons’ Complaints Committee, which had decided to take no further action in respect of a complaint brought against the applicant physician (Dr. McKee)

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Competence – Judicial review – Standard of review – Reasonableness simpliciter McKee v Health Professions Appeal and Review Board, [2009] O.J. No. 4112, Ontario Superior Court of Justice, September 28, 2009, J.R.R. Jennings, K.E. Swinton and W. ...

The Applicant Davidson successfully applied for judicial review of the Respondent Commission’s decision to dismiss her human rights complaint at a preliminary stage. The matter was referred back to the Commission for reconsideration taking into account the reasons for judgment.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Investigations – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Davidson v. Canada Post Corp., [2009] F.C.J. No. 987, Federal Court, July 9, 2009, ...

The Appellant Board successfully appealed the decision of the Chambers judge, which had overturned the Board’s review decision that found the Respondent Petro-Canada was not an employer, within the meaning of the Workers’ Compensation Act, in respect of a safety investigation

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Employer – definition – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Petro-Canada v. British Columbia (Workers’ Compensation Board), [2009] B.C.J. No. 1842, British Columbia Court of Appeal, September 16, 2009, M.V. Newbury, S.D. ...

The Appellant Engineer, and his engineering firm, appealed the decision of the Respondent regulatory body’s discipline committee, which found that the Appellants engaged in unprofessional conduct

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Evidence – Failure to provide reasons Assn. of Professional Engineers of Ontario v. Caskanette, [2009] O.J. No. ...

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 ...