The Attorney General of Canada successfully appealed a judgment from the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal from the decision affirming a tribunal’s decision that Service Canada had not abused its authority when it advertised to fill a position that respondent claimed was not a new position and ought not to have been advertised.

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employee classification – Abuse of public authority – Labour law – Government – Employees – Employment law – Appointment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Canada v. Kane, [2012] S.C.J. No. 64, 2012 SCC ...

The Appellants, Rogers Communications Inc. and other online music service providers, appealed the Copyright Board’s decision, which created a tariff for the online streaming of music. The Appellants argued that offering streaming music was not “communicating to the public” for the purposes of the Copyright Act. The Respondent Society of Composers, Authors, and Music Publishers of Canada successfully contested the appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Streaming music – Communication to the public – definition – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, [2012] S.C.J. No. ...

The Supreme Court of Canada upheld the reprimand of a lawyer who had written an inflammatory letter to a judge, despite the acknowledged limitation such a sanction placed on his expressive rights under the Charter.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Human rights complaints – Charter of Rights and Freedoms – Freedom of expression – Validity of legislation – Judicial review – Jurisdiction – Standard of review –  Reasonableness simpliciter –  Correctness Doré v. Barreau ...

The Appellants unsuccessfully appealed Court of Appeal judgments concerning their motion for declaratory judgments that a decision to deny their children exemptions from a class concerning ethics and religious culture constituted an infringement on their freedom of conscience and religion

27. March 2012 0
Administrative law – Decisions of administrative tribunals – School boards – Charter of Rights and Freedoms – Freedom of Religion – Schools – Parental rights – Judicial review – Mootness S.L. v. Commision scolaire des Chênes, [2012] S.C.J. No. 7, 2012 SCC 7, Supreme Court of Canada, February 17, 2012, McLachlin C.J. and Binnie, LeBel, ...

The Appellant (“Merck”) unsuccessfully appealed from a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs.

27. March 2012 0
Administrative Law – Decisions of administrative tribunals – Government institution – Freedom of information and protection of privacy – Public bodies – Disclosure – Third parties – Notice – Judicial review – Compliance with legislation – Evidence – Standard of proof Merck Frosst Canada Ltd. v Canada (Health), [2012] S.C.J. No. 3, 2012 SCC 3, ...

The appellant, Catalyst Paper Corporation (the “Mill”), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts’ power to review municipal taxation bylaws. The Court dismissed the appeal. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal’s property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – By-laws – Municipalities – Taxation – Validity – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Catalyst Paper Corp. v. North Cowichan (District), [2012] S.C.J. No. 2, 2012 SCC 2, Supreme Court of Canada, January 20, 2012, McLachlin C.J. ...

The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Arbitration – Benefits – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Reasonableness simpliciter – Correctness Newfoundland and Labrador Nurses’ Union ...

The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Adjudications – Freedom of information and protection of privacy – Disclosure – Completion of inquiry – Limitations – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Alberta (Information and Privacy Commissioner) v. Alberta ...

The Supreme Court of Canada allowed an appeal by appellant Nor-Man Regional Health Authority from the Manitoba Court of Appeal and determined that an arbitral award applying equitable remedies was not an aspect of the award that fell outside of the protected zone of deference. As a general rule, reasonableness was the standard of review governing arbitral awards under collective agreements. The arbitrator’s imposition of estoppel in this case was not unreasonable. The arbitrator’s decision that the union was barred from grieving the employer’s decision due to its long-standing acquiescence and the reasons given were transparent, intelligible and coherent. The appeal was allowed and the arbitrator’s award was restored.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Arbitration – Collective agreements – Benefits – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Equitable remedies – Promissory estoppel Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, ...

The Supreme Court of Canada set aside a Human Rights Tribunal decision on the basis that the doctrines of issue estoppel, collateral attack, res judicata and abuse of process applied to prevent the Tribunal from considering complaints that had already been dealt with by the Workers’ Compensation Board review division

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Human Rights Tribunal – Discrimination – Judicial review – Administrative tribunals – Compliance with legislation – Estoppel and res judicata British Columbia (Workers’ Compensation Board) v. Figliola, [2011] S.C.J. No. 52, Supreme Court of Canada, October 27, 2011, McLachlin C.J. and ...