The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint. The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability. The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...
The Applicant, Mr. Darren Blair, applied for judicial review of a decision of the Respondent, National Defence Canada. The Respondent had dismissed Mr. Blair from the Canadian Armed Forces on the basis he was Unsuitable for Further Service. Mr. Blair’s application for judicial review was dismissed. Administrative law – Decisions of administrative tribunals – Government ...
The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...
An application for judicial review of the Human Rights Commission’s decision to direct a complaint for further inquiry by the Tribunal following an investigation was granted because the investigation was not sufficiently thorough. The matter was returned to the investigator with directions. Administrative law – Age – Correctness – Decisions of administrative tribunals – Discrimination ...
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...
Making copies of a copyright-protected work implicates the reproduction right, a right that rests exclusively with the copyright holder for the musical work and requires broadcasters to secure a licence to communicate the work. Administrative law – Broadcast-incidental copying – Copyright – Copyright Board – Correctness – Decisions of administrative tribunals – Intellectual property – ...
Application for judicial review of the Governor in Counsel’s decision that the significant adverse environmental effects that the Minister of the Environment determined would likely result from the Site C Clean Energy Project on the Peace River were justified in the circumstances. After determining that the reasonableness standard of review applied, and that a considerable ...
Judicial review from decision of Correctional Service Canada denying grievance over cancellation of television channels containing sexually explicit content. Administrative law – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom of expression – Grievances – Judicial Review – Prison Commissioner – Prisons – Procedural requirements and fairness – Sexual harassment Naraine ...
The Applicant, Ms. Gallone, successfully applied for judicial review in respect of a decision made by the Respondent Parole Board of Canada. The Parole Board had refused to grant an oral hearing and then relied on the written record to recommend the laying of a criminal charge against her. The Court held the Parole Board’s ...
Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Human rights complaints – Disability – Duty to accommodate – Policies – Judicial review – Procedural requirements and fairness – Evidence Air Canada v. Greenglass, [2014] F.C.J. No. 1286, 2014 FCA 288, Federal Court of Appeal, December 9, 2014, Nadon, Gauthier and Scott ...
