A motion was brought by the Respondents for an order striking out an application for judicial review of the decision of the Ontario Civilian Commission on Police Services (the “Commission”) directing the Applicant Chief of Police (the “Chief”) to initiate a disciplinary hearing against a police constable on the ground that the constable may have committed misconduct in his capacity as an investigator in a homicide investigation. The Respondent’s application to stay the Chief’s application for judicial review was granted on the ground that the Chief’s application was premature.

22. March 2005 0
Administrative law – Police – Investigations – Disciplinary proceedings – Public interest – Public hearings – Effect of – Judicial review application – Procedural requirements and fairness – Stay of proceedings – Decisions of administrative tribunals – Police Commission York (Regional Municipality) Police v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 222, Ontario Superior Court ...

An employee’s claim against her former employer under the Ontario Pay Equity Act was barred by virtue of the release and settlement executed by the employee upon her termination

22. March 2005 0
Administrative law – Employment law – Termination of employment – Pay equity – Decisions of administrative tribunals – Human rights complaints – Discrimination – Wage disparity – Settlements – Releases – Validity – Judicial review – Compliance with legislation – Standard of review – Correctness Bucyrus Blades of Canada Ltd. v. McKinley, [2005] O.J. No. 231, Ontario Superior Court ...

The applicant was not an “office holder” and therefore his dismissal by the respondent was subject to a minimal duty of fairness which was met by the respondent in the circumstances

25. January 2005 0
Administrative law – Employment law – Termination of employment – Judicial review – Procedural requirements and fairness – Bias Youth Criminal Defence Office v. Board of Directors of the Legal Aid Society of Alberta, [2004] A.J. No. 1345, November 3, 2004, Alberta Court of Queen’s Bench, Hart J. The applicant (“Holtby”) applied for a declaration of nullity ...

A petition seeking an order quashing the decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”) and a declaration that the petitioner was not a “worker” was dismissed by the Court as the Court found that the WCAT did not act beyond its jurisdiction and its decision was not patently unreasonable

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...

An application for judicial review pertaining to a decision made by the Commissioner of the Financial Consumer Agency of Canada was allowed as the Court found that the Commissioner breached the rules of natural justice as particularized in the Financial Consumer Agency of Canada Act

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Financial Consumer Agency – Natural justice – Judicial review – Procedural requirements and fairness – Compliance with legislation MBNA Canada Bank v. Canada (Financial Consumer Agency), [2004] F.C.J. No. 2037, Federal Court of Appeal, November 26, 2004, Von Finckenstein J. The appellant, MBNA Canada Bank (“MBNA”), was an issuer ...

The decision of a delegate of the Information and Privacy Commissioner for British Columbia which ordered the British Columbia Archives to process a request made pursuant to the Freedom of Information and Protection of Privacy Act for production of the incomplete draft report of the Smith Commission of Inquiry into the affairs of the Nanaimo Commonwealth Holding Society was quashed by the Court as the Court held that the report was a draft decision of a person acting in a judicial or quasi-judicial capacity and was therefore immune from production by virtue of section 3(1)(b) of the Act

25. January 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure of draft report – Immunity of person acting in quasi-judicial capacity – Decisions of administrative tribunals – Privacy commissioner – Judicial review – Standard of review – Correctness – Compliance with legislation British Columbia (Attorney General) v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. ...

The appeal from a decision which found the appellant guilty of professional misconduct in relation to allegations of inappropriate sexual activity with a student was dismissed as there was evidence before the Panel to support the conclusion that the appellant had engaged in such activity

25. January 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...

A person who is subject to an ascertained forfeiture under the Customs Act may not avail himself of the right against self-incrimination guaranteed by section 11(c) of the Canadian Charter of Rights and Freedoms since that person is not charged with an offence

25. January 2005 0
Administrative law – Charter of Rights – Self-incrimination in administrative proceedings Normand Martineau v. Minister of National Revenue, [2004] S.C.J. 58, Supreme Court of Canada, December 16, 2004, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ. In June 1996, a customs officer demanded that the appellant pay $315,458, the deemed ...

The court held that the Minister’s determination that there had not been a previous commitment to the Appellant with respect to a snow crab licence and that the condition respecting commencement of the processing operations had not been met were contrary to the overwhelming weight of the evidence and ought to be set aside. The matter was remitted back to the Minister for reconsideration.

28. December 2004 0
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Abuse of ministerial discretion – Decisions of administrative tribunals – Ministerial orders – Judicial review – Evidence – Standard of review – Patent unreasonableness St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2004] N.J. No. 336, ...