The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation – Administrative tribunals – Costs – Right to award costs Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2011] S.C.J. No. ...

The Appellant Attorneys General were largely unsuccessful in an appeal of the Ontario Court of Appeal’s decision imposing procedural fairness obligations on the governments when attempting to collect sponsorship debts from sponsors of immigrants applying for permanent resident status.

26. July 2011 0
Administrative law – Government – Immigration – Sponsorship debts – Social assistance – Decisions of administrative tribunals – Ministerial – Judicial review – Compliance with legislation – Procedural requirements and fairness Canada (Attorney General) v. Mavi, [2011] S.C.J. No. 30, 2011 SCC 30, Supreme Court of Canada, June 10, 2011, McLachlin C.J. and Binnie, LeBel, ...

The Supreme Court of Canada holds that the Prime Minister’s office, the office of the Minister of Defence, and the office of the Minister of Transport are not “government institutions” and thus not subject to the Access to Information Act

28. June 2011 0
Administrative Law – Access to Information – Judicial review – Ministerial – Statutory interpretation Canada (Information Commissioner) v. Canada (Minister of National Defence), [2011] S.C.J. No. 25, 2011 SCC 25, Supreme Court of Canada, May 13, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ. The appellant, the Information Commissioner of ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

26. April 2011 0
Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

A landowner appealed a ruling that set aside a decision to award the landowner costs incurred in arbitration proceedings and a related action that was in regard to a single claim for compensation in respect to a single expropriation matter. The Supreme Court of Canada allowed the appeal.

11. March 2011 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Expropriation – Judicial review – Compliance with legislation – Costs – Standard of review – Reasonableness simpliciter Smith v. Alliance Pipeline Ltd., [2011] S.C.J. No. 7, 2011 SCC 7, Supreme Court of Canada, February 11, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, ...

The Appellant (Celgene Corporation) unsuccessfully appealed a decision of the Respondent (the Patented Medicine Prices Review Board), which had decided it possessed the authority to require Celgene to provide certain pricing information

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Patented Medicine Prices Review Board – Consumer protection – Intellectual property – Patents – Legislation – Statutory interpretation – Judicial review – Compliance with legislation – Disclosure – Jurisdiction – Standard of review – Correctness Celgene Corp. v. Canada (Attorney General), [2011] S.C.J. No. 1, 2011 SCC ...

A man (“Conway”) who had been found not guilty by reason of insanity on a charge of sexual assault with a weapon was unsuccessful in his attempt to have the Ontario Review Board grant him an absolute discharge as a s.24(1) Charter remedy

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Review Board – Mental health facility – Treatment plans – Review Board authority –  Remedies – Charter relief – Availability – Boards and tribunals – Jurisdiction to grant Charter remedies – Prisons – Inmates not criminally responsible for their crimes – Public safety – Statutory provisions – ...

The appellant, Yugraneft Corp., appealed a decision of the Alberta Court of Appeal, which unanimously upheld a judgment of the Alberta Court of Queen’s Bench. The Queen’s Bench decision found Yugraneft’s application to enforce an arbitral award from a Russian tribunal was barred by the provisions of the Limitations Act of Alberta. The Supreme Court of Canada dismissed Yugraneft’s appeal.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – International Commercial Arbitration Court – Arbitration and award – Judicial review – Compliance with legislation – Limitations Yugraneft Corp. v. Rexx Management Corp., [2010] S.C.J. No. 19, 2010 SCC 19, Supreme Court of Canada, May 20, 2010, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

In the hearing of two related appeals, the Court upheld the decision of the Respondent Canadian Radio-television and Telecommunications Commission (the “CRTC”) to make directions with respect to deferred funds of telecommunications carriers

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Regulation of rates – Disposition of deferral accounts – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Bell Canada v. Bell Aliant Regional Communications, [2009] S.C.J. No. 40, Supreme Court of Canada, September 18, 2009, McLachlin ...

Where a governmental body delegates powers to a third party and issues licences to employees of that third party to carry out delegated tasks, the awarding and revocation of licences is subject to the principles of administrative law and the requirements for procedural fairness. While such delegation is an authorization and the licensee holds a public office of sorts, this does not imply that the licence holder is a “public office holder”.

27. May 2008 0
Administrative law – Judicial review – Permits and licences – Motor vehicle inspection – Public officer – Delegated authority – Compliance with legislation – Public safety – Procedural requirements and fairness Societe de L’Assurance Automobile du Quebec v. Cyr, [2008] S.C.J. No. 13, Supreme Court of Canada, March 28, 2008, McLachllin C.J. and Bastarache, Binnie ...