Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Race – Judicial review – Appeals – Standard of review – Correctness – Reasonableness Vancouver Area Network of Drug Users v. British Columbia (Human Rights Tribunal), [2018] B.C.J. No. 644, 2018 BCCA 132, British Columbia Court of Appeal, April 11, 2018, H. Groberman, ...
Dr. Patel had surgical privileges in the respondent, Regina Qu’Appelle Regional Health Authority (the “Health Authority”). Dr. Patel commenced an application for judicial review while he was still involved in a discipline process of the Health Authority. The Health Authority’s Senior Medical Officer successfully applied to quash the application for judicial review. Administrative law – ...
The Applicant, Ms. Garshowitz, was unsuccessful in her application for judicial review of a decision made by the Respondent’s Social Security Tribunal. The Tribunal had denied the Applicant’s claim for disability benefits. Administrative law – Decisions reviewed – Pension Appeals Board – Hearing de novo – Judicial review – Appeals – Procedural requirements and fairness ...
The Applicant, the Corporation of the City of St. Catharine’s, unsuccessfully applied for judicial review of an arbitration decision regarding two firefighters employed by the City. The firefighters had been represented by the Respondent, St. Catharine’s Professional Fire Fighters’ Association in asking an arbitrator to set aside their demotion. Administrative law – Decisions reviewed – ...
The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint. The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability. The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...
The Applicant, Mr. Darren Blair, applied for judicial review of a decision of the Respondent, National Defence Canada. The Respondent had dismissed Mr. Blair from the Canadian Armed Forces on the basis he was Unsuitable for Further Service. Mr. Blair’s application for judicial review was dismissed. Administrative law – Decisions of administrative tribunals – Government ...
The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack. The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...
