Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Procedural requirements and fairness – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Delay – Remedies – Mandamus Law Society of Saskatchewan v. Abrametz, [2022] S.C.J. No. 29, 2022 SCC 29, Supreme Court of Canada, July ...
Administrative law – Human rights – Charter of Rights and Freedoms – Equality rights – Discrimination – Employment – Benefits – Pension plans Fraser v. Canada (Attorney General), [2020] S.C.J. No. 28, 2020 SCC 28, Supreme Court of Canada, October 16, 2020, R. Wagner C.J. and R.S. Abella, M.J. Moldaver, A. Karakatsanis, S. Côté, R. ...
Administrative law – Human rights complaints – Working conditions – Remedies – Damages – Public law remedies Nevsun Resources Ltd. v. Araya, [2020] S.C.J. No. 5, 2020 SCC 5, Supreme Court of Canada, February 28, 2020, R. Wagner C.J. and R.S. Abella, M.J. Moldaver, A. Karakatsanis, C. Gascon, S. Côté, R. Brown, M. Rowe and ...
Administrative law – Decisions reviewed – Law Societies – Charter of Rights and Freedoms – Freedom of Religion – Judicial review – Appeals – Standard of Review – Reasonableness Law Society of British Columbia v. Trinity Western University and Trinity Western University v. Law Society of Upper Canada, [2018] S.C.J. No. 32 and [2018] S.C.J. No. 33, ...
The BC Human Rights Tribunal dismissed a respondent’s application to dismiss a complaint against him on the basis that the HRT did not have jurisdiction. The complaint was made by an individual who was not employed by the respondent or the respondent’s employer, but rather, they worked on a mutual project together. The respondent argued ...
Dismissal of claim Alberta Energy Regulator breached right of freedom of expression under s. 2(b) of the Charter and for Charter damages. Administrative law – Boards and tribunals – Charter of Rights and Freedoms – Charter relief – Freedom of expression – Human rights complaints – Jurisdiction to grant Charter remedies – Natural resources – ...
Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...
