Administrative law – Decisions of administrative tribunals – Board of Commissioners of Public Utilities – Judicial review application – Jurisdiction of court – Public utility – definition – Compliance with legislation – Limitations Cooperators General Insurance Co. v. New Brunswick (Board of Commissioners of Public Utilities), [2004] N.B.J. No. 289, New Brunswick Court of Appeal, July 22, 2004, ...
Administrative law – Labour law – Collective agreements – Essential employees – Schools – Teachers’ assistants – Decisions of administrative tribunals – Labour and employment boards – Statutory interpretation – Legislation – Judicial review – Compliance with legislation – Evidence – Standard of review – Patent unreasonableness Canadian Union of Public Employees, Local 2745 v. New Brunswick (Board of ...
Administrative law – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Decisions of administrative tribunals – Law Societies – Judicial review – Estoppel and res judicata A Solicitor v. Law Society of New Brunswick, [2004] N.B.J. No. 81, New Brunswick Court of Queen’s Bench, February 25, 2004, Guerette J. Over the period of January and February ...
Administrative law – Teachers – Disciplinary proceedings – Adjudication – Judicial review – Reasonable apprehension of bias – test – Procedural fairness – Natural justice Lurette v. New Brunswick (Minister of Education), [2003] N.B.J. No. 353, New Brunswick Court of Queen’s Bench, September 19, 2003, Young J. The court reviewed the principles of fundamental justice as including ...
Administrative law – Remuneration of judges – Judicial Remuneration Commission – Recommendations – Government rejection – Simple rationality standard Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice), [2003] N.B.J. No. 321, New Brunswick Court of Appeal, August 20, 2003, Turnbull, Larlee and Robertson JJ.A. The government of New Brunswick appointed ...
Administrative law – Practice and procedure – Boards and tribunals – Right of parties to choose an agent Thomas v. Assn. of New Brunswick Registered Nursing Assistants, [2003] N.B.J. No. 327, New Brunswick Court of Appeal, September 4, 2003, Rice, Turnbull and Robertson JJ.A. The Appellant, a Registered Nursing Assistant, appeared before a Disciplinary Committee of ...
Administrative law – Workers compensation – Statutory provisions – Average earnings – Method of calculation – Judicial review – Standard of review – Correctness Gauthier v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2003] N.B.J. No. 139, New Brunswick Court of Appeal, April 10, 2003, Drapeau C.J.N.B., Deschênes and Robertson JJ.A. The New Brunswick Court ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Jurisdiction – Fairness – Suspensions – Judicial review application – Breach of procedural fairness – Standard of review – Reasonableness Loiselle v. College of Physicians and Surgeons of New Brunswick, [2003] N.B.J. No. 111, New Brunswick Court of Queen’s Bench, March 12, 2003, Garnett J. Loiselle ...
Administrative law – Dentists – Disciplinary proceedings – Governance – Judicial review – Self-governing professions Violette v. New Brunswick Dental Society, [2003] N.B.J. No. 129, New Brunswick Court of Queen’s Bench, March 26, 2003, Garnett J. Violette argued that the Board did not have legal training, and so he should not have to pursue his option ...