The Applicant University (the “University”) sought a judicial review of a human rights panel decision not to add the Canadian Union of Public Employees, Local 1870 (the “Union”) as a Respondent to certain complaint proceedings. The University’s application was granted and the human rights panel was directed to add the Union as a party.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Labour law – Collective agreements – Mandatory retirement – Universities – Judicial review – Parties – Standard of review – Correctness – Practice and procedure – Adding parties – test University of Prince Edward Island v. Nilsson, [2009] ...

Decisions of human rights tribunals involving pure questions of law should be reviewed on a standard of correctness. Where questions of law can be identified and separated from the questions of mixed law and fact, the Court should separate the issues and review questions of law on a standard of correctness, not a standard of reasonableness.

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Judicial review – Standard of review – Reasonableness simpliciter – Correctness Ayangma v. Prince Edward Island Eastern School Board, [2008] P.E.I.J. No. 31, 2008 PESCAD 10, Prince Edward Island Supreme Court -Appeal Division, June 26, 2008, Mc.Quaid ...

Dowling was successful in his application for judicial review of the decision of a Human Rights Panel of the Prince Edward Island Human Rights Commission where the Court held that the Commissioner erred in proceeding to determine the issue of damages without hearing submissions from the parties

28. November 2006 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Procedural requirements and fairness – Natural justice – Evidence Dowling v. Prince Edward Island, [2006] P.E.I.J. No. 52, Prince Edward Island Supreme Court – Trial Division, September 25, 2006, J.R. Matheson C.J.T.D. Dowling alleged that the ...

The P.E.I. Court of Appeal increased the general damages awarded to the Appellant for a breach of his right to freedom of expression under section 2(b) of the Charter of Rights and Freedoms from $15,000 to $75,000 on the basis that the trial judge overlooked evidence regarding the consequences of the Respondent’s infringement on the Appellant

26. July 2005 0
Administrative law – Charter of Rights – Freedom of expression – Employment law – Termination of employment – Damages – Judicial review – Appeals – Evidence – Standard of review of appellate court Morin v. Prince Edward Island Regional Administrative Unit No. 3 School Board, [2005] P.E.I.J. No. 42, Prince Edward Island Supreme Court – Appeal Division, ...

The Municipality of Hazelbrook was successful in its appeal to quash the ministerial decision to grant an excavation permit and a construction and demolition disposal site permit

26. April 2005 0
Administrative law – Judicial review application – Permits and licences – Judicial review – Decisions reviewed – Ministerial orders – Standard of review – Patent unreasonableness Hazelbrook (Municipality) v. Prince Edward Island, [2205] P.E.I.J. No. 9, Prince Edward Island Supreme Court – Appeal Division, February 16, 2005, J.A. McQuaid J.A., G.E. Mitchell C.J.P.E.I. and L.K. Webber ...

The Court allowed an appeal of a judicial review application concerning a decision of the Chairperson of the P.E.I. Human Rights Commission to affirm the Commission’s dismissal of the Applicant’s human rights complaint. The Court ordered the Chairperson of the Commission to appoint a Human Rights Panel to deal with the Appellant’s complaint.

25. January 2005 0
Administrative law – Judicial review application – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Human Rights Commission executive director powers – Human Rights complaints – Discrimination Ayangma v. Prince Edward Island (Human Rights Commission), [2004] P.E.I.J. No. 84, Prince Edward Island Supreme Court – Appeal Division, November 12, 2004, Mitchell C.J.P.E.I., ...

On an application for judicial review of a decision of a Human Rights Commissioner (the “Commissioner”), the court found that the Commissioner erred in law in finding gender discrimination against the complainant with respect to her rate of pay as a summer police constable. However, the court found that the Commissioner’s decision that the complainant was discriminated against in employment on the basis of gender was supported by the evidence and there was therefore no reviewable error with respect to that issue.

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Gender – Burden of proof – Judicial review – Standard of review – Correctness – Reasonableness simpliciter DeWare v. Kensington (Town), [2004] P.E.I.J. No. 40, Prince Edward Island Supreme Court – Trial Division, May 28, 2004, Matheson J. The ...

The applicants were unsuccessful in seeking to quash summonses issued by the Standing Committee on Agriculture, Forestry and Environment to appear before it with respect to an examination into the spread of the “potato wart” disease and its potential impact on the potato industry in Prince Edward Island

Administrative law – Legislative Assembly – Committees – Constitutional law – Jurisdiction – Judicial review Canada (Attorney General) v. Prince Edward Island (Legislative Assembly), [2003] P.E.I.J. No. 7, Prince Edward Island Supreme Court, Trial Division, January 14, 2003, Cheverie J. As a result of the discovery of the spread of “potato wart” disease from Newfoundland ...

The fact that the Executive Director dealt with previous complaints to the Commission from the appellant does not give rise to a reasonable apprehension of bias. To do so would hold the Executive Director to too high a standard given the function he is to perform at the investigative stage of a complaint.

26. March 2002 0
Administrative law – Judicial review – Boards and tribunals – Questions of jurisdiction – Reasonable apprehension of bias – Previous complaints – Investigative bodies – Fairness – Human rights complaints Ayangma v. Prince Edward Island (Human Rights Commission), [2002] P.E.I.J. No. 20, Prince Edward Island Supreme Court – Appeal Division, March 4, 2002, Mitchell C.J.P.E.I., McQuaid and ...