Administrative law – Decisions of administrative tribunals – Veterans Review and Appeal Board – Pensions – Eligibility – Judicial review – Jurisdiction – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Bremner v. Canada (Attorney General), [2006] F.C.J. No 122, Federal Court, January 30, 2006, Strayer D.J. When Bremner enlisted, he reported no ...
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Canadian Transportation Agency – Obstacle to the mobility of a passenger – Discrimination – Judicial review – Jurisdiction of tribunal – Statutory interpretation – Compliance with legislation – Standard of review – Correctness Via Rail Canada Inc. v. Canada (Canadian Transportation ...
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Prisons – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness T.C. v. Canada (Attorney General), [2005] F.C.J. No. 2163, Federal Court, November 29, 2005, Mactavish J. The National Parole Board (“NPB”) refused to grant accelerated day parole ...
Administrative law – Employment law – Appointment – Termination of employment – Legislation – Orders-in-council – Validity – Judicial review – Procedural requirements and fairness Pelletier v. Canada (Attorney General), [2005] F.C.J. No. 1891, Federal Court Montréal, Quebec, November 18, 2005, Noël J. In 2001, the Applicant had been appointed to hold office at pleasure for a ...
Administrative law – National Parole Board hearings – Discretionary conditions – Long-term offenders – Statutory provisions – Criminal Code – Public safety – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Deacon v. Canada (Attorney General), [2005] F.C.J. No. 1827, Federal Court, November 4, 2005, Teitelbaum J. The Applicant brought an application for ...
Administrative law – Human rights complaints – Discrimination – Marital status – Decisions of administrative tribunals – Human Rights Commission – Judicial review applications – Evidence – admissibility – Jurisdiction McFayden v. Canada (Attorney General), [2005] F.C.J. No. 1817, Federal Court of Appeal, November 2, 2005, Desjardins, Evans and Sharlow JJ.A. An applications judge granted the Respondent’s motion ...
Administrative law – Decisions of administrative tribunals – Ministerial orders – Port divestiture – Judicial review – Natural justice and legitimate expectations – Procedural requirements and fairness – Standard of review – Patent unreasonableness Newfoundland and Labrador v. Canada (Minister of Transport), [2005] F.C.J. No. 1825, Federal Court, November 2, 2005, Harrington J. In March 2003, Transport ...
Administrative law – Human rights complaints – Discrimination – Disability – Duty to request accommodation – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Reasonableness simpliciter Garvey v. Meyers Transport Ltd., [2005] F.C.J. No. 1684, Federal Court of Appeal, October 13, 2005, Desjardins, Evans and Sharlow JJ.A. Garvey was ...
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Permits and licences – Suspensions – Judicial review – Procedural requirements and fairness – Natural justice – Charter of Rights – Freedom of expression Genex Communications Inc. v. Canada (Attorney General), [2005] F.C.J. No. 1440, Federal Court of Appeal, September 1, 2005, Richard C.J., Létourneau ...
Administrative law – Human rights complaints – Discrimination – Investigations – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Failure to provide reasons – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Canadian Imperial Bank of Commerce v. Durrer, [2005] F.C.J. No. 1321, Federal Court, August 8, ...