The Court allowed an application for judicial review of a decision of the Canadian International Trade Tribunal (“Tribunal”) which upheld two procurement complaints advanced by Trust Business Systems (“Trust”). The Court held that there was no evidence to support a finding that a “no substitute clause” was done for the purpose of avoiding competition and discriminating between suppliers, and there was clear evidence that this clause related to legitimate operational requirements. The conclusion of the Tribunal was therefore patently unreasonable.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Interpretation of Evidence – Terms of agreement – Procurements – Suppliers – Discrimination – Judicial review – Standard of review – Reasonableness simpliciter Canada (Attorney General) v. Trust Business Systems, [2007] F.C.J. No. 379, Federal Court of Appeal, March 6, 2007, Nadone, Malone and ...

The Court found Section 63(1) of the Judges Act, R.S.C. 1985, c. J-1 constitutional. This provision permits the Federal and Provincial Attorneys General to commence inquiries regarding whether certain judges could be removed from office without following screening procedures set out in s. 63(2). The appropriate test applied considering the constitutionality of s. 63(1) was whether or not a reasonable person would have a reasonable apprehension the section would impair judges’ impartiality by requiring the Council to commence inquiries without engaging the screening procedure. There were sufficient safeguards in the s. 63(1) process, despite the fact the screening procedure was not required.

22. May 2007 0
Administrative law – Judges – Removal from office – Inquiry – Constitutionality – Judicial review – Compliance with legislation Cosgrove v. Canadian Judicial Council, [2007] F.C.J. No. 352, Federal Court of Appeal, March 12, 2007, Sexton, Evans and Sharlow JJ.A. After a criminal trial, the Attorney General of Ontario wrote to the Canadian Judicial Council (the ...

The appeal by the Minister of Human Resources Development (the “Minister”) from a judgment dismissing an application for judicial review of a June 6, 2005 Pension Appeals Board decision was allowed where the Court found that Hogervorst lacked an arguable case that she was disabled and offered no sufficient explanation for delay in bringing her appeal from the initial decision

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Pension Appeals Board – Judicial review – Jurisdiction of tribunal – Evidence – Estoppel and res judicata – Limitations Canada (Minister of Human Resources Development) v. Hogervorst, [2007] F.C.J. No. 37, Federal Court of Appeal, January 15, 2007, Létourneau, Malone and Ryer JJ.A. Hogervorst, a 46-year-old registered nurse, applied for ...

A former Coast Guard employee (“Brooks”) brought a complaint of racial discrimination under the Canadian Human Rights Act (the “Act”) against the Department of Fisheries and Oceans (the “DFO”). The Human Rights Tribunal determined that DFO had discriminated against Brooks based on his race. The Tribunal then declined to consider the remedies of reinstatement and back pay which Brooks sought. The Attorney General of Canada brought an application for judicial review to set aside the decision that the DFO had discriminated against Brooks and Brooks applied for judicial review of the decision to decline to consider the remedies.

26. December 2006 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Tribunal – Employment – Appointment – Remedies – Hearings – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Reasonableness simpliciter Brooks v. Canada (Department of Fisheries and Oceans), [2006] F.C.J. No. 1569, Federal Court, ...

An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct

28. November 2006 0
Administrative law – Royal Canadian Mounted Police – Disciplinary proceedings – Decisions of administrative tribunals – Adjudications – Police Commission – Judicial review – Procedural requirements and fairness – Natural justice – Sufficient notice – Evidence Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395, Federal Court, September 18, 2006, O’Keefe J. Gill joined the RCMP in ...

Jazz Air applied for judicial review in respect of a series of acts and decisions of the Toronto Port Authority alleging that the Port Authority acted in excess of its statutory jurisdiction by restricting Jazz Air’s access to and use of the Toronto City Centre Airport, including denying access for space for passenger facilities and discouraging or precluding fair, reasonable and competitive access by airline users of the Toronto City Airport

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Port Authority – Landlord and tenant – Leases – Judicial review application – Appeals – Appeal process – Jurisdiction Jazz Air LP v. Toronto Port Authority, [2006] F.C.J. No. 1155, Federal Court, July 20, 2006, Rouleau D.J. More than 16 years ago, the Toronto Port Authority granted a long-term ...

A former covert operative in Canada for the Russian Foreign Intelligence Service (“Miller”) was unsuccessful on her application for judicial review of a decision of the Minister of Public Safety and Emergency Preparedness (the “Minister”), which concurred in the recommendation of the Canada Border Services Agency that Miller should not be granted relief from her inadmissibility pursuant to the Immigration and Refugee Protection Act provision holding that a foreign national is inadmissible on security grounds for engaging in an act of espionage or an act or subversion against a democratic government, institution or process, as they are understood in Canada

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Border Service Agency – Minister of Public Safety – Foreign nationals – Espionage – Deportation orders – Immigration – Ministerial decisions – Failure to provide reasons – Procedural requirements and fairness – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Miller v. Canada (Solicitor ...

The Court quashed two Orders of the Governor in Council, first suspending the Applicant without pay from his duties as President and CEO of the Business Development Bank of Canada and, second, terminating his appointment. The Government had failed in its duty to treat the Applicant fairly

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Employment law – Government employees – Termination of employment – Hearings – Fairness – Judicial review – Natural justice – Procedural requirements and fairness Vennat v. Canada (Attorney General), [2006] F.C.J. No. 1251, Federal Court, August 23, 2006, Noël J. The Applicant had been serving as President ...

An application for judicial review of a decision of the Canadian International Trade Tribunal was allowed in part. The tribunal conducted an inquiry to determine whether the dumping of steel fasteners from China and Taipei in Canada had caused or threatened injury to the domestic market. The tribunal erred in failing to adequately consider material before it relating to one applicant’s exclusion request and its decision not to grant an exclusion to the product was patently unreasonable as it was not in accordance with reason.

23. May 2006 0
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness GRK Fasteners v. Leland Industries Inc., [2006] F.C.J. No. 446, Federal Court of Appeal, March 21, 2006, Sharlow, Pelletier and Malone JJ.A. The Court heard at the same time three ...

The application by Doe for judicial review of an Order of the Assistant Commissioner of the RCMP to terminate his protection under the Witness Protection Program was allowed and the Assistant Commissioner’s decision terminating witness protection was quashed

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Witness Protection Program – Natural justice – Procedural requirements and fairness – Witnesses – Standard of review – Correctness John Doe v. Canada (Attorney General), [2006] F.C.J. No. 241, Federal Court, January 27, 2006, Phelan J. Doe became aware of criminal activities which ...