The individual Appellants, Stuart and Karen Shaw, unsuccessfully appealed a decision of the Respondent Alberta Utilities Commission (the “Commission”). The Commission had approved a new electrical transmission infrastructure project in the county of the Appellants.

22. January 2013 0
Administrative law – Decisions of administrative tribunals – Utilities Commission – Approval process – Public interest – Powers under legislation – Natural resources – Electricity – Transmission – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter Shaw v. Alberta (Utilities Commission), [2012] A.J. No. 1259, 2012 ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The Applicant physician was partially successful in seeking a declaration from the Respondent College relating to the status of his license practice medicine in New Brunswick.

23. October 2012 0
Administrative law – Decisions of administrative tribunals –  College of Physicians and Surgeons – Physicians and Surgeons – Governance –  Licence to practice – Statutory provisions – Interpretation – Judicial review  –  Compliance with legislation Houshmand v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 324, 2012 NBQB 293, New Brunswick Court ...

The Applicant, Ms. Fitzpatrick, a physiotherapist, was disciplined by the Discipline Committee of the Respondent, Alberta College of Physical Therapists. Ms. Fitzpatrick unsuccessfully appealed the Discipline Committee’s decision to the Council of the College. Ms. Fitzpatrick then succeeded, in part, in appealing the Council’s decision to the Alberta Court of Appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – College of Physical Therapists – Physical Therapists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of proof – Failure to provide reasons Fitzpatrick v. Alberta College of Physical Therapists, [2012] A.J. No. 680, 2012 ABCA 207, Alberta Court of Appeal, June ...

The Applicant, Mr. Cook, brought an application for judicial review relating to the Respondent RCMP’s decision to disclose his discipline record to the Public Prosecution Service of Canada (PPSC ) for a criminal trial where Mr. Cook was the investigating officer. The application was dismissed on the basis of mootness because the disclosure was already made to the PPSC at the time of the hearing.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Judicial review – Disclosure of records – Jurisdiction of court – Mootness Cook v. Canada (Royal Canadian Mounted Police), [2012] F.C.J. No. 802, 2012 FC 765, Federal Court, June 20, 2012, Scott J. The Applicant, Mr. Cook, is a member of the ...

The Appellants, Rogers Communications Inc. and other online music service providers, appealed the Copyright Board’s decision, which created a tariff for the online streaming of music. The Appellants argued that offering streaming music was not “communicating to the public” for the purposes of the Copyright Act. The Respondent Society of Composers, Authors, and Music Publishers of Canada successfully contested the appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Streaming music – Communication to the public – definition – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, [2012] S.C.J. No. ...

The Petitioner painter appealed a BC Human Rights Tribunal decision wherein she successfully proved discrimination on the part of her employer, the Respondent school district. The appeal related to certain remedies not ordered by the Tribunal. The Court allowed the appeal in part and ordered the Tribunal to reconsider the quantum of damages relating to the Petitioner’s lost wages.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Employment law – Remuneration – Remedies – Damages – Human rights complaints – Sexual harassment – Judicial review – Standard of review – Correctness J.J. v. School District No. 43 (Coquitlam), [2012] B.C.J. No. 710, 2012 BCSC 523, British Columbia Supreme Court, April 12, 2012, P.D. ...

The Appellant company successfully appealed the Respondent Panel’s decision to uphold an administrative penalty relating to trenching safety requirements. The Court of Appeal held the Panel breached its duty of procedural fairness in considering documents not in the possession of the Appellant.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Safety requirements – Penalties – Judicial review – Appeals – Procedural requirements and fairness – Natural justice – Evidence – Disclosure Sackville Trenching Ltd. v. Nova Scotia (Occupational Health and Safety Appeal Panel), [2012] N.S.J. No. 196, 2012 NSCA 39, Nova Scotia Court ...

The Appellant funeral director unsuccessfully appealed a decision of the Respondent Board’s License Appeal Tribunal (LAT). The LAT had decided to revoke the Appellant’s funeral director license.

27. March 2012 0
Administrative Law – Decisions of administrative tribunals – Funeral Services – License Appeal Tribunal – Funeral directors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review –  Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Johal v. Ontario (Board of Funeral Services), [2011] O.J. No. 6226, 2011 ONSC 7525, ...