One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...

Appeal by CICPO from order of applications judge refusing to order Minister of Health to more stringently enforce Regulations imposing on suppliers of generic pharmaceuticals an obligation to supply the whole province dismissed

19. September 2017 0
Administrative law – Decisions reviewed – Appeals – Judicial review – Standard of review – Correctness – Remedies – Mandamus Council of Independent Community Pharmacy Owners Inc. v. Newfoundland and Labrador, [2017] N.J. No. 283, 2017 NLCA 45, Newfoundland and Labrador Supreme Court – Court of Appeal, July 25, 2017, B.G. Welsh, C.W. White and ...

Elementary school will open following Supreme Court of Newfoundland and Labrador ruling that the previously appointed Board of Trustees did not have the authority to close school

15. August 2017 0
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...

Repair and maintenance of a motor vehicle falls within “use of motor vehicle” under Workplace Health, Safety and Compensation Commission Act

25. October 2016 0
Application by worker for judicial review of decision of Workplace Health, Safety and Compensation Commission regarding statutory exception for civil actions under the Workplace Health, Safety and Compensation Commission Act. Administrative law – Bias – Compliance with legislation – Decisions of administrative tribunals – immunity from civil actions exceptions – Judicial Review – Workers Compensation ...

A caution issued by Newfoundland and Labrador Pharmacy Board against a pharmacist was set aside by court

The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...

The Information and Privacy Commissioner appealed the respondent’s determination that certain documents should not be released pursuant to a request for access to information on the basis the documents were privileged

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Solicitor-client privilege – Judicial review – Privileged communications Newfoundland and Labrador (Information and Privacy Commissioner) v. Eastern Regional Integrated Health Authority, [2015] N.J. No. 423, 2015 NLTD(G) 183, Newfoundland and Labrador Supreme ...

Appeal to the Newfoundland and Labrador Supreme Court from a decision of the Eastern Newfoundland Regional Appeal Board upholding the grant of a conditional development permit by the City of Mount Pearl

19. November 2015 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Building permits – Judicial review – Jurisdiction – Conflict of interest – Bias – Failure to provide reasons Faulkner v. Newfoundland and Labrador (Eastern Newfoundland Regional Appeal Board), [2015] N.J. No. 301, 2015 NLTD(G) 118, Newfoundland and Labrador ...

Court remitted an arbitrator’s decision regarding a dispute of transfer of fishing licences to be heard by a different arbitrator

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration and award – Interpretation of contract – Fisheries – Licences – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Failure to provide reasons Layman Estate v. Layman, [2014] N.J. No. 181, 2014 NLTD(G) 66, Newfoundland and Labrador Supreme Court, June 20, 2014, ...

On judicial review, the court quashed a decision of the Workplace Health, Safety and Compensation Review Division on the basis that the Review Division unreasonably applied a cap to the applicant’s pension replacement benefit

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Loss of earnings – Pensions – Calculations – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter Allen v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2014] N.J. ...

The Applicant worker, Mr. Griffin, sought judicial review of the Respondents’ decisions about his entitlement to survivor benefits pursuant to the Workplace Health, Safety and Compensation Act. The application for judicial review was dismissed.

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Survivor benefits – Entitlement – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness – Reasonableness simpliciter Griffin v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2013] N.J. No. 337, 2013 NLTD(G) ...