Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation

21. September 2021 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review applications – Appeals – Standard of review – Reasonableness – Compliance with legislation – Discretion of delegated authority – Workers compensation – Benefits Smith v. Manitoba (Appeal Commission), [2021] M.J. No. 211, 2021 MBQB 149, Manitoba Court of Queen’s Bench, June 25, 2021, ...

Reasons are all around – a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

20. October 2020 0
Administrative law – Decisions reviewed – Municipal Appeals Committee – Variance orders – Legislative compliance – Judicial review – Standard of review – Reasonableness – Hearing Ewanek v. Winnipeg (City), [2020] M.J. No. 157, 2020 MBQB 98, Manitoba Court of Queen’s Bench, June 24, 2020, S. Bond J. Application by Ewanek for judicial review of ...

The applicable standard of review for human rights complaints and the denial of the opportunity to award costs as a reviewable error

17. December 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...

Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...

Manitoba Court of Queen’s Bench finds decision of the Tax Appeals Commission is reasonable, dismisses application of the Corporation seeking to overturn the assessment decision of the Commission

17. October 2017 0
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...

Human rights complaint investigation was sent back to Tribunal for lack of thoroughness

27. September 2016 0
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 ...

Lawyer was suspended after not satisfying Law Society’s requirement to complete 12 CPD hours per year. Lawyer challenged the validity of the CPD rules on the basis that the Law Society did not have authority to enact the mandatory rules, and the rules violate the rules of natural justice because they give the Law Society the authority to enact a suspension without a hearing or right of appeal. The court was satisfied that the powers set out in the Legal Profession Act are broad enough to allow for the creation of a mandatory CPD program, and held that the rules, with the penalty of a suspension, are procedurally proportionate to the gravity of the non-compliance offence. The court found that a disciplinary hearing process, such as the kind that accompanies allegations of professional misconduct, is not necessary in CPD non-compliance matters, and that the lack of a hearing and right of appeal do not constitute breaches of the procedural fairness rules.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Powers under legislation – Self-governing professions – Rules and by-laws – Barristers and solicitors – Training requirements – Continuing Professional Development – Disciplinary proceedings – Penalties – Public interest – Judicial review – Procedural requirements and fairness – Natural justice Green v. Law Society ...

The applicant lawyer unsuccessfully applied to have his license to practice reinstated. The applicant then unsuccessfully applied for judicial review of the respondent Law Society’s decision to refuse reinstatement.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Penalties and suspensions – Disbarment – Restoration of membership – Judicial review – Standard of review – Reasonableness simpliciter Anhang v Law Society of Manitoba, [2014] M.J. No. 196, 2014 MBQB 140, Manitoba Court ...

Appeal by the Appellant National Money Mart Co. from a decision dismissing its motion for a stay of a proposed class action because the class of proposed borrowers had all signed agreements requiring them to mediate and/or arbitrate their disputes with the Appellant

22. July 2014 0
Administrative law – Criminal matters – Consumer protection – Class proceedings application – Arbitration agreements – Judicial review – Stay of proceedings – Jurisdiction of court – Compliance with legislation – Statutory interpretation Briones v. National Money Mart Co., [2014] M.J. No. 154, 2014 MBCA 57, Manitoba Court of Appeal, June 5, 2014, M.A. Monnin, ...

Appeal from a decision of Winnipeg Taxicab Board refusing to reinstate licence on the basis of hearsay evidence and opinion evidence as to credibility

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Taxi licence appeal board – Permits and licences – Investigations – Judicial review – Hearsay Evidence – admissibility – Credibility – Natural justice – Failure to provide reasons Gidda v. Taxicab Board, [2014] M.J. No. 160, 2014 MBCA 58, Manitoba Court of Appeal, June 6, 2014, H.C. ...