Decisions of law societies not to accredit proposed law school at Trinity Western University reasonable

21. August 2018 0
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, ...

Supreme Court of Canada affirms BC Human Rights Tribunal decision to dismiss application, finding the HRT had jurisdiction over the complaint where section 13 only requires a sufficient nexus with the employment context, and not necessarily a relationship of economic power

20. February 2018 0
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 ...

Supreme Court of Canada denies fracking opponent a claim for damages against the Alberta Energy Regulator

17. February 2017 0
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 – ...

Privacy Commissioner’s decision to order disclosure was unreasonable as it did not take into account solicitor-client privilege

17. January 2017 0
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 – ...

Supreme Court of Canada clarifies that a statutory right of appeal is not a new category of correctness

20. December 2016 0
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 ...

Supreme Court of Canada clarifies that Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces

24. November 2016 0
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 ...

The Supreme Court of Canada confirmed that while correctness is the appropriate standard of review for interpretation of the common law and statute, the palpable and overriding error standard applies to a lower court’s interpretation of a contract

Administrative law – Contracts – Interpretation – Legislation – Statutory interpretation – Standard of review – Palpable and overriding error – Correctness Heritage Capital Corp. v. Equitable Trust Co., [2016] S.C.J. No. 19, 2016 SCC 19, Supreme Court of Canada, May 6, 2016, McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown ...

A driver (“Wilson”) was unsuccessful on his appeal from a finding of the British Columbia Court of Appeal reinstating a notice of driving prohibition on the basis of his roadside breath sample and a peace officer’s determination that he had reasonable grounds to believe that Wilson’s ability to drive was affected by alcohol

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...