Manitoba was unsuccessful in its appeal of a decision allowing a Statement of Claim filed by one of its employees (“Desrivieres”) to stand. The action commenced by Desrivieres sought entitlement to disability benefits under the government employee plan. The court held that the dispute resolution mechanism in this Plan did not oust the jurisdiction of the court.

28. January 2003 0
Administrative law – Government – Employees – Benefit plans – Dispute resolution schemes – Jurisdiction – Final and binding – Definition – Adjudication – Jurisdiction of court – Labour law – Collective agreements Desrivieres v. Manitoba, [2002] M.J. No. 449, Manitoba Court of Appeal, November 15, 2002, Scott C.J.M., Monnin and Hamilton JJ.A. This case involved the issue of whether ...

On January 29, 2001, the Manitoba Pharmaceutical Association found the Applicant guilty of unskilled practice of pharmacy and professional misconduct. The Applicant sought an order quashing the decision of the Council, arguing that there was a reasonable apprehension of bias on the part of the Discipline Committee resulting from an inappropriate involvement of its Registrar. The court found a reasonable apprehension of bias and quashed the decision of the Council.

22. October 2002 0
Administrative law – Pharmacists – Disciplinary proceedings – Billing practices – Boards and tribunals – Bias Sawchuk v. Manitoba Pharmaceutical Assn., [2002] M.J. No. 384, Manitoba Court of Queen’s Bench, September 25, 2002, Darichuk J. In the summer of 1998, a series of articles was published in a newspaper alleging fraudulent billing practices on the part ...

On appeal to the court for a judicial review of an Appeal Commission decision under the Workers Compensation Act, R.S.M. 1987, c. W200, the standard of review is patent unreasonableness. The Commission’s decision not to read in words to section 1(3) and to decline to pierce the corporate veil was not patently unreasonable.

24. September 2002 0
Administrative law – Workers compensation – Worker – definition – Piercing corporate veil – Judicial review – Standard of review – Patent unreasonableness Poulin v. Manitoba (Workers’ Compensation Board), [2002] M.J. No. 341, Manitoba Court of Queen’s Bench, August 13, 2002, McKelvey J. The Applicant was the sole shareholder, director and president of NL Poulin Ltd. The ...