The Applicant, Ms. Garshowitz, was unsuccessful in her application for judicial review of a decision made by the Respondent’s Social Security Tribunal. The Tribunal had denied the Applicant’s claim for disability benefits. Administrative law – Decisions reviewed – Pension Appeals Board – Hearing de novo – Judicial review – Appeals – Procedural requirements and fairness ...
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable. The Court of Appeal affirmed the trial judge’s decision. The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...
The Federal Court of Appeal upholds a finding that the Department of Public Works and Government Services issued a request for proposal in violation of the Agreement on Internal Trade on the basis that the Royal Canadian Navy imposed certain requirements that made it impossible for some select parties to submit bids. Administrative law – ...
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Human rights complaints – Disability – Procedural fairness – Standard of review – Reasonableness McIlvenna v. Bank of Nova Scotia, [2017] F.C.J. No. 728, 2017 FC 699, Federal Court, July 19, 2017, K.M. Boswell J. In 2012, the Commission dismissed the complaint ...
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...
The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”). Before an employer can offer employment to, and seek a work permit ...
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program. His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...
Application for judicial review of the Canadian Human Rights Commission’s decision to dismiss a complaint against applicant’s employer dismissed. Court rejected arguments that Commission’s investigation was insufficiently thorough due to investigator not listening to recordings of witness interviews conducted by applicant, and that investigator had prejudged case and was biased against applicant. Administrative Law – Decisions ...
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...
Federal Court dismissed pilot’s application for judicial review of Transport Canada’s decision to cancel and revoke his transportation security clearance due to safety concerns arising out of life-threatening emails he had sent several years prior. Administrative law – Decisions reviewed – Judicial Review – Pilots – Procedural requirements and fairness – Professional governance and discipline ...