The Court of Queen’s Bench holds that the Agricultural Operations Review Board is a specialized tribunal and that its decisions ought to attract deference from a reviewing court

28. June 2011 0
Administrative Law – Agriculture – Standard of Review – Reasonableness R.J. Farms & Grain Transport Ltd. (c.o.b. RJ Game Farms) v. Agricultural Operations Review Board, [2011] S.J. No. 286, 2011 SKQB 185, Saskatchewan Court of Queen’s Bench, May 6, 2011, J.L. Pritchard J. The applicant, R.J. Game Farms, operates a large bison farm on several ...

The Court quashed two decisions made by members of the Saskatchewan Human Rights Tribunal ordering a Tribunal inquiry into the respondents’ age discrimination complaints. The complaints had initially been refused an inquiry by the Human Rights Commissioner and the Court was of the view that had that decision been overturned, it would have undermined the legislative intention at the time the age discrimination was alleged as well as when the legislation was amended.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Judicial review – Compliance with legislation – Standard of review – Correctness – Labour law – Collective agreements – Statutory interpretation – Retrospective and retroactive operation University of Regina v. Kly, [2011] S.J. No. 141, ...

A demolition order issued by a Regional Municipality pursuant to the Municipalities Act is overturned as unreasonable

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Unsightly premises – Demolition orders – Validity – Judicial review – Legislative compliance – Standard of review – Reasonableness simpliciter Beaudin v. Vanscoy (Regional Municipality No. 345), [2011] S.J. No. 97, 2011 SKQB 75, Saskatchewan Court of Queen’s Bench, February ...

A medical student was unsuccesful in his application for the prerogative writ of certiorari as it is only available to a student who has been denied natural justice in the course of academic examinations

22. March 2011 0
Administrative law – Decisions of administrative tribunals – University Committees – Rules and by-laws – Universities – Students – Assessment of grades – Judicial review – Jurisdiction – Procedural requirements and fairness – Remedies – Certiorari Sahi v. University of Saskatchewan, [2011] S.J. No. 59, 2011 SKQB 49, Saskatchewan Court of Queen’s Bench, January 28, ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

The Appellant Health Authority successfully appealed a decision of the Saskatchewan Court of Queens Bench which had upheld the decision of the Practitioner Staff Appeals Tribunal. The Tribunal had decided it could hear an appeal brought by the Respondent physicians, Drs. Kutzner and Blackwell relating to a reduction in their operating room time.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Hospital privileges – Judicial review – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Prairie North Regional Health Authority v. Kutzner, [2010] S.J. No. 650, 2010 SKCA 132, Saskatchewan Court of Appeal, October 27, 2010, J. Klebuc C.J.S., ...

An appeal by an employer (“HJI”) from the decision of the Saskatchewan Human Rights Tribunal (the “Tribunal”) which held that HJI had discriminated against the female complainant on the basis of her sex was dismissed where the Court found that the conclusions reached by the Tribunal fell within the range of possible, acceptable outcomes based on the evidence and the findings of credibility, both of which were meticulously explained in the Tribunal’s decision

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual harassment – Judicial review – Evidence – Similar fact evidence – Pattern of practice – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness simpliciter Howard Johnson Inn v. Saskatchewan ...

The appeal by a lawyer (“Oledski”) from the penalty of disbarment imposed by the Discipline Committee of the Law Society of Saskatchewan was dismissed where the Court found the decision was reasonable in light of which complaints of forgery, misleading the public and misleading other members of the profession were either proven of admitted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Oledski v. Law Society of Saskatchewan, [2010] S.J. No. 573, 2010 SKCA 120, Saskatchewan Court of Appeal, September 27, 2010, J.G. ...

The court dismissed the plaintiff’s claim for damages, which rested on an alleged breach of the principles of natural justice, arising because the defendant village had effected a cleanup of the plaintiff’s property

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Unsightly premises – Orders – Judicial review – Compliance with legislation – Natural justice – Notice – Procedural requirements and fairness – Damages Antonenko v. White Fox (Village), [2010] S.J. No. 342, 2010 SKQB 213, Saskatchewan Court of Queen’s Bench, June 16, ...

The applicant Ukrainian Museum was denied its application to stay or quash the proceedings before the respondent Human Rights Commission as the application was premature

26. June 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Unreasonable delay – Test – Judicial review – Delay – Judicial review application – Striking out – Premature Ukrainian Museum of the Ukrainian v. Saskatchewan (Human Rights Commission), [2010] S.J. No. 256, 2010 SKQB 162, Saskatchewan Court of Queen’s Bench, April ...