The Applicant, Mr. Cook, brought an application for judicial review relating to the Respondent RCMP’s decision to disclose his discipline record to the Public Prosecution Service of Canada (PPSC ) for a criminal trial where Mr. Cook was the investigating officer. The application was dismissed on the basis of mootness because the disclosure was already made to the PPSC at the time of the hearing.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Judicial review – Disclosure of records – Jurisdiction of court – Mootness Cook v. Canada (Royal Canadian Mounted Police), [2012] F.C.J. No. 802, 2012 FC 765, Federal Court, June 20, 2012, Scott J. The Applicant, Mr. Cook, is a member of the ...

The Applicant sought unsuccessfully a judicial review of a decision of the Public Service Labour Relations Board (the “Board”), which dismissed her complaints under the Public Service Labour Relations Act and applications for the Board’s consent to institute prosecutions for breaches of the Act. The Board had dismissed the complaints and applications on the grounds that they were more appropriately dealt with in hearings currently being held by the Board or in proceedings brought by the applicant in Federal Court, and that adjudicating numerous complaints stemming from essentially the same subject matter served no legitimate labour relations purpose.

Administrative law – Decisions of administrative tribunals – Labour and employment boards – Discretion of tribunal – Labour law – Collective agreements – Judicial review application – Compliance with legislation – Procedural requirements and fairness Bremsak v. Professional Institute of the Public Service of Canada, [2012] F.C.J. No. 528, 2012 FCA 91, Federal Court of ...

The Court allowed prison inmate’s application for judicial review of the denial of his third level grievance regarding the refusal of the warden to approve his nomination for a position on the inmate committee

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Commissioner – Correctional Service – Prisons – Inmates – Grievances – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Compliance with legislation Spidel v. Canada (Attorney General), 2011 FC 999, [2011] F.C.J. No. 1228, Federal Court, August 15, 2011, Mactavish ...

The applicant, the Canadian Human Rights Commission (the “Commission”), applied for judicial review of a decision of the Canadian Human Rights Tribunal (the “Tribunal”) in which it dismissed a complaint filed by the complainant, William G.M. Shmuir, against the respondent, Carnival Cruise Lines (“Carnival”) for violating the Canadian Human Rights Act

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Canadian Human Rights Tribunal – Human rights complaints – Disability – Discrimination – Judicial review – Evidence – Legislative compliance Canada (Canadian Human Rights Commission) v. Shmuir, [2011] F.C.J. No. 1040, 2011 FC 839, Federal Court, July 8, 2011, Simpson J. The visually-impaired complainant had attended a ...

The Federal Court held that the Public Service Staffing Tribunal breached its duty of procedural fairness by excluding potentially relevant evidence without proper consideration and set aside the tribunal’s decision

Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Appointment – Human rights complaints – Discrimination – Race – Minority rights – Judicial review – Procedural requirements and fairness – Natural justice – Evidence Murray v. Canada (Attorney General), [2011] F.C.J. No. 682, 2011 FC 542, Federal Court, ...

The Appellants, a group of farmers, successfully appealed the decision of a Federal Court Judge who dismissed their application for a judicial review and held that they did not have personal standing to bring the application. The application for judicial review related to a Ministerial directive issued by the Respondent Government, which changed the process for the elections of directors to the Canadian Wheat Board.

Administrative law – Decisions of administrative tribunals – Ministerial orders – Associations and clubs – Governance – Voting rights – Judicial review – Applications – Parties – Standing Friends of the Canadian Wheat Board v. Canada (Attorney General), [2011] F.C.J. No. 297, 2011 FCA 101, Federal Court of Appeal, March 16, 2011, Létourneau, Nadeau and ...

Repligen Corporation (“Repligen”) succeeded on judicial review of a decision of the Canadian Intellectual Property office’s patent commissioner (“the Commissioner”) denying Repligen’s request to correct a clerical error where maintenance fees were credited to the wrong patent and Repligen’s patent lapsed as a result

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...

A decision by the Chief of the Defence Staff dismissing a grievance pursuant to s. 29 of the National Defence Act is quashed

Administrative law – Decisions of administrative tribunals – Military Committees – Military – Promotions – Eligibility – Labour – Grievances – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Zimmerman v. Canada (Attorney General), [2011] F.C.J. No. 163, 2011 FCA 43, Federal Court of Appeal, ...

The Canadian Recording Industry Association (“Association”) applied for judicial review of the decision of the Copyright Board (“Board”) with respect to the appropriate royalty rate payable under a tariff regarding permanent downloads, limited downloads and on-demand streaming. Specifically, the Association alleged that the Board applied the wrong standard of proof in relation to the determination of certain costs in the digital music business, that it erred in accepting inadmissible expert evidence, that it calculated the royalty rate on a faulty basis and that it failed to provide adequate reasons for its decision. The court dismissed the Association’s application. The court found that there was no basis in procedural fairness to challenge the manner in which the Board dealt with its evidence.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Copyright – Recorded music – Regulation of rates – Judicial review – Evidence – Standard of proof – Procedural requirements and fairness – Failure to provide reasons Canadian Recording Industry Assn. v. Society of Composers, Authors and Music Publishers of Canada, ...

The applications by non-profit environmental organizations for judicial review of Ministers’ decisions concerning their obligations under s.58 of the Species at Risk Act (“SARA”) to provide legal protection for the critical habitat of resident killer whales was allowed where the court held that the Ministers failed to respond to the duty assigned to them by the SARA which compelled them to act in specific ways to protect critical habitat of species at risk

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Policies – Environmental issues – Wildlife habitat – Protections of species – Judicial review – Compliance with legislation – Validity and application of policies and guidelines David Suzuki Foundation v. Canada (Minister of Fisheries and Oceans), [2010] F.C.J. No. 1471, 2010 FC 1233, Federal ...