Administrative law – Human rights complaints – Discrimination – Disability – Employment law – Conditions of employment – Decisions of administrative tribunals – Human Rights Commission – Investigations – Evidence – Jurisdiction – Judicial review – Compliance with legislation – Limitations of actions – Procedural requirements and fairness – Standard of review – Correctness Dubois v. Canada (Attorney ...
Administrative law – Administrative tribunals – Definition – Judicial review – Jurisdiction of Federal court – Port Authority – Vendor selection process DRL Vacations Ltd. v. Halifax Port Authority, [2005] F.C.J. No. 1060, Federal Court, June 15, 2005, Mactavish J. DRL submitted that although the HPA had formulated a process entitled a “Request for Proposals”, ...
Administrative law – Police – Royal Canadian Mounted Police – Disciplinary proceedings – Penalties and suspensions – Whistle-blower defence – Evidence – Public interest test – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Read v. Canada (Attorney General), [2005] F.C.J. No. 990, Federal Court, June 2, 2005, Harrington J. In 1991 and ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Access to information – Production of records – Prime Minister’s Office – Legal memorandum – Solicitor-client privilege – Judicial review – Compliance with legislation – Standard of review – Correctness Canada (Attorney General) v. Canada (Information Commissioner), [2005] F.C.J. No. 926, Federal Court of Appeal, ...
Administrative law – Decisions of administrative tribunals – Public Service Integrity Officer – Investigations – Jurisdiction – Public interest – Judicial review – Disclosure – Standard of review – Correctness – Reasonableness simpliciter Chopra v. Canada (Attorney General), [2005] F.C.J. No. 712, Federal Court, April 29, 2005, O’Keefe J. The four Applicants were employees of the ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Investigations – Human rights complaints – Discrimination – Judicial review – Procedural requirements and fairness – Witnesses Tahmourpour v. Canada (Solicitor General), [2005] F.C.J. No. 543, Federal Court of Appeal, April 6, 2005, Rothstein, Sexton and Evan JJ.A. Tahmourpour, a Canadian citizen of Middle Eastern ...
Administrative law – National defence – Freedom of information and protection of privacy – Media access to hearings – Judicial review – Quasi-judicial tribunals – In camera hearings – Procedural requirements and fairness – Discretion of delegated authority – Standard of review – Correctness – Reasonableness simpliciter Gordon v. Canada (Minister of National Defence), [2005] ...
Administrative law – Intellectual property – Copyright – Levies and taxes – Recorded music – Decisions of administrative tribunals – Copyright Board – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Canada (Canadian Private Copying Collective) v. Canadian Storage Media Alliance, [2004] F.C.J. No 2115, Federal Court of Appeal, December ...
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 ...
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...