On appeal to the court for a judicial review of an Appeal Commission decision under the Workers Compensation Act, R.S.M. 1987, c. W200, the standard of review is patent unreasonableness. The Commission’s decision not to read in words to section 1(3) and to decline to pierce the corporate veil was not patently unreasonable.

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Administrative law – Workers compensation – Worker – definition – Piercing corporate veil – Judicial review – Standard of review – Patent unreasonableness Poulin v. Manitoba (Workers’ Compensation Board), [2002] M.J. No. 341, Manitoba Court of Queen’s Bench, August 13, 2002, McKelvey J. The Applicant was the sole shareholder, director and president of NL Poulin Ltd. The ...

The appellant had sought an expansion of its liquor licence. The Liquor Licencing Board dismissed this request and an appeal was brought pursuant to section 23 of the Liquor Act, R.S.N.W.T. 1988, c. L-9. The appeal was dismissed. When deciding whether to issue a licence, it is not improper for the Board to consider social problems.

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Administrative law – Boards and tribunals – Jurisdiction – Bias – Liquor licencing boards – Social issues 994401 NWT Ltd. (c.o.b. Ravens Pub) v. Northwest Territories (Liquor Licensing Board), [2002] N.W.T.J. No. 66, Northwest Territories Supreme Court, August 8, 2002, Richard J. The Appellant was the licensee of a cocktail lounge, licensed to have 170 patrons ...

The Petitioner sought to have the British Columbia Human Rights Commissioner of Investigation and Mediation’s (the “CIM”) decision to refer a complaint for hearing quashed. The court determined that the CIM’s decision was not patently unreasonable and dismissed the application.

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Administrative law – Human rights complaints – Jurisdiction – Procedural fairness – Judicial review – Standard of review – Patent unreasonableness Maple Grove Apartments Ltd. v. Dixon, [2002] B.C.J. No. 1722, British Columbia Supreme Court, July 22, 2002, Garson J. This matter involved a review of a decision of the British Columbia Human Rights Commissioner of ...

The Applicant sought judicial review of the Alberta Human Rights and Citizenship Commission’s refusal to accept a complaint. The court applied a standard of correctness. The Commission’s Certificate was correct and held that the Commission is without jurisdiction to deal with the complaint, which did not concern any ground of discrimination covered by the Act.

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Administrative law – Human rights complaints – Jurisdiction – Access to child’s medical records by a divorced parent – Privative clauses – Boards and tribunals – Breach of procedural fairness – Judicial review – Standard of review – Correctness – Jurisdiction of court G.S. v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 980, Alberta Queen’s Bench, July ...

The Plaintiff’s claim for damages arising out of the Defendant’s delivery of an investigation report to the professional association to which she belonged were dismissed. The Defendants were found to have acted in good faith and their actions were protected by absolute privilege.

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Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Powers – Jurisdiction – Qualified privilege Hung v. Gardiner, [2002] B.C.J. No. 1918, British Columbia Supreme Court, August 21, 2002, Joyce J. Following an investigation of the Plaintiff’s supervising chartered accountant, the Professional Conduct Enquiry Committee (“PCEC”) of the Institute of Chartered Accountants of British ...

A number of adjoining landowners had successfully sought review of a Minister’s order granting an expansion of a landfill before the court. The Court of Appeal reversed the chambers judge’s decision and determined that a Minister’s order was not patently unreasonable and the failure to provide reasons in these circumstances did not constitute a breach of procedural fairness.

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Administrative law – Environmental hearings – Judicial review – Standard of review – Patent unreasonableness – Breach of procedural fairness – Failure to provide reasons Fenske (c.o.b. Glomick Farms) v. Alberta (Minister of Environment), [2002] A.J. No. 823, Alberta Court of Appeal, June 25, 2002, Berger, Costigan and Paperny, JJ.A. The Beaver Waste Management Services Commission ...