The Appellant, Envirocon Environmental Services ULC, successfully appealed a Chambers decision. The Chambers Judge had refused to interfere with the Tribunal’s application of the legal test for indirect or adverse effect discrimination. The Court of Appeal held the Tribunal’s decision was patently unreasonable.

16. April 2019 0
Administrative law – Decisions reviewed – Human rights tribunal – Discrimination – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Employment – Termination of employment Envirocon Environmental Services ULC v. Suen, [2019] B.C.J. No. 146, 2019 BCCA 46, British Columbia Court of Appeal, February 5, 2019, S.D. Frankel, S. Stromberg-Stein ...

The Court of Appeal dismissed an appeal brought by the Chief Coroner of the Yukon. On an application for judicial review, a Chambers Judge had ordered an inquest into the death of Ms. Cynthia Blackjack in spite of the Chief Coroner’s decision not to do so. The Court of Appeal dismissed the appeal, upholding the court’s concurrent, equivalent and continuing jurisdiction pursuant to the Coroners Act.

18. December 2018 0
Administrative law – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Criminal matters – Coroner’s inquest Blackjack v. Yukon (Chief Coroner), [2018] Y.J. No. 91, 2018 YKCA 14, Yukon Territory Court of Appeal, October 24, 2018, E.A. Bennett, L.A.M. Charbonneau and G. Dickson JJ.A Ms. Cynthia Blackjack died on-board a medevac aircraft ...

No formal complaint made pursuant to the Police Act. The Court of Appeal allowed the appeals of the three constables.

18. December 2018 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Jurisdiction – Compliance with legislation – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Professions – Police – Disciplinary proceedings Deluca v. Alberta (Law Enforcement Review Board), [2018] A.J. No. 1220, 2018 ABCA 340, Alberta Court of Appeal, ...

The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

The Applicant, Chartered Professional Accountants of British Columbia (“CPABC”), unsuccessfully sought leave to appeal a decision of the British Columbia Supreme Court. The Supreme Court had allowed a statutory appeal from a discipline decision made by the CPABC against the Respondent, Mr. Vuong Nguyen.

18. September 2018 0
Administrative law – Decisions reviewed – Chartered Professional Accountants Disciplinary Committee – Judicial review – Appeals – Correctness – Accountants – Disciplinary proceedings – Procedural fairness Nguyen v. Chartered Professional Accountants of British Columbia, [2018] B.C.J. No. 1428, 2018 BCCA 299, British Columbia Court of Appeal, July 17, 2018, J.E.D. Savage J.A. (In Chambers) Mr. ...

The Appellant, University of British Columbia, successfully appealed the order of a Chambers Judge. The Chambers Judge had denied its petition for judicial review of a decision of an adjudicator in the Office of the Information and Privacy Commissioner (OIPC). The adjudicator had ordered certain admissions criteria to be disclosed to the Respondent, Mr. Lister.

19. June 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness University of British Columbia v. Lister, [2018] B.C.J. No. 658, 2018 BCCA 139, British Columbia Court of Appeal, April 13, 2018, M.V. Newbury, P.A. ...

The Appellant, Downtown Vancouver Business Improvement Association (the “Association”), successfully appealed a decision from a Chambers Judge in the Supreme Court of BC. The Chambers Judge had granted an application for judicial review made by the Respondent, Vancouver Area Network of Drug Users (the “Network”), in relation to a BC Human Rights Tribunal decision. In the result, the BC Court of Appeal reinstated the earlier decision of the BC Human Rights Tribunal, which had dismissed the Network’s complaint against the Association.

19. June 2018 0
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, ...

SKQB holds that its jurisdiction, with respect to the suspension of surgical privileges, did not arise until after the Tribunal rendered a decision in discipline process

20. February 2018 0
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 – ...

Unsuccessful application for judicial review of decision made by Social Security Tribunal denying Applicant’s claim for disability benefits

20. February 2018 0
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 ...