The Applicant police constable successfully sought leave to appeal to the Court of Appeal in respect of a fresh hearing that was conducted by the Respondent, Law Enforcement Review Board, relating to a penalty that was imposed on him by the other Respondent, the Edmonton Police Service

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings  – Hearing de novo – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Furlong v. Edmonton Police Service, [2013] A.J. No. 1119, 2013 ABCA ...

The Applicant worker, Mr. Griffin, sought judicial review of the Respondents’ decisions about his entitlement to survivor benefits pursuant to the Workplace Health, Safety and Compensation Act. The application for judicial review was dismissed.

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Survivor benefits – Entitlement – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness – Reasonableness simpliciter Griffin v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2013] N.J. No. 337, 2013 NLTD(G) ...

The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

The Petitioner (“Ms. Mackay”) successfully appealed a decision of an arbitrator who had rejected her claim for nuisance in respect of her dealings with the Respondent, Archaeology Branch. Those dealings involved the Branch requiring her to obtain a heritage inspection on her property as a condition to obtaining a site alteration permit.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Arbitration – Heritage sites – Inspection – Nuisance – Test – Judicial review – Compliance with legislation Mackay v. British Columbia, [2013] B.C.J. No. 1121, 2012 BCSC 945, British Columbia Supreme Court, May 30, 2013, L.B. Gerow J. (In Chambers) ...

The Applicant mother of a suspended student unsuccessfully applied for judicial review of the Respondent Board’s decision to suspend the student for 15 days

23. July 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Notice requirements – Schools – Suspension of students – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Parsons v. Chignecto-Central Regional School Board, [2013] N.S.J. No. 282, 2013 NSSC 170, Nova Scotia Supreme Court, June 4, 2013, P.J. ...

The Applicant University sought judicial review of the Saskatchewan Human Rights Commission decision which rejected the University’s application to have Ms. Peng’s complaint dismissed. The Court dismissed the application for judicial review.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Harassment – Investigations – Labour relations – Universities – Judicial review application – Premature – Estoppel and res judicata – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Peng, [2013] S.J. No. 327, 2013 SKQB 188, ...

The Applicant home builder sought a review of an arbitrator’s decision relating to a warranty dispute between the Applicant and the Respondent condominium corporation. The arbitrator decided he had jurisdiction to proceed with the arbitration and the Applicant’s application to review that decision was dismissed.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Judicial review – Jurisdiction of arbitrator – Standard of review – Correctness Urban E. Homes Ltd. v. Condomium Corp. No. 0313563, [2013] A.J. No. 187, 2013 ABQB 109, Alberta Court of Queen’s Bench, February 15, 2013, R.A. Jerke J. The Applicant, Urban E. Homes Ltd., constructed ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

23. April 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...