Unsuccessful application for judicial review of decision made by Social Security Tribunal denying Applicant’s claim for disability benefits

20. February 2018 0
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 ...

FCA affirms trial judge’s decision where it overturned RCMP Commission refusal to order a new hearing in disciplinary proceeding because it concluded the outcome was legally inevitable

20. December 2017 0
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. ...

Federal Court refers complaint regarding discrimination related to medicinal marijuana back to the CHRC for re-determination

19. September 2017 0
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 ...

Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records

15. August 2017 0
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 ...

Court finds the requirements of procedural fairness not met and remits matter back to the Minister for redetermination in LMIA revocaton issue

18. July 2017 0
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 ...

Administrator of Thalidomide Survivors Contribution Program did not breach procedural fairness by denying extension to applicant who did not meet eligibility criteria for financial assistance

18. July 2017 0
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 ...

Airline employee’s application for judicial review of Canadian Human Rights Commission’s decision dismissed

21. June 2017 0
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 ...

Appeal Division’s dismissal of disabled employee’s application for leave to appeal was unreasonable

15. May 2017 0
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 rules decision to revoke pilot’s security clearance at Montreal airport over “life-threatening” online threats was reasonable

20. March 2017 0
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 ...