The Appeal by Heynen and his outfitter corporation Kusawa from an order dismissing Heynen’s application to quash a 2002 decision by the Minister of Renewable Resources revoking Heynen’s outfitting concession was allowed where the Court held that the trial judge erred in dismissing the action for delay in circumstances where Heynen was attempting to negotiate settlement of the claim with elected officials during the period of delay

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Revocation – Judicial review – Delay – Limitations – Remedies – Certiorari Heynen v. Yukon Territory, [2008] Y.J. No. 68, Yukon Territory Court of Appeal, October 6, 2008, M.N. Newbury, M.E. Saunders and E.C. Chiasson JJ.A. Heynen and Kusawa had ...

The Court dismissed an application for a judicial review of a decision of the Director of Human Rights, directing that a complaint against the Appellant proceed to a hearing before an adjudication panel of the Northwest Territories Human Rights Commission. The Court found that there was no breach of procedural fairness, abuse of discretion, or errors of law.l

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Correctness Diavik Diamond Mines Inc. v. Northwest Territories (Director of Human Rights), [2007] N.W.T.J. No. 89, Northwest Territories Supreme Court, ...

O’Donnell was successful in her application for judicial review of a Workers’ Compensation Appeal Tribunal decision finding that O’Donnell did not suffer a work-related disability as a result of a disciplinary suspension and termination of her employment

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review O’Donnell (Re), [2007] Y.J. No. 9, Yukon Territory Supreme Court, January 19, 2007, Gower J. O’Donnell was employed with the government and was suspended when inconsistencies in the management of her files was noted. O’Donnell claimed that she was ...

An engineer appealed from a decision of the Council of the Respondent Association that had found him guilty of conduct that constituted unskilled practice or unprofessional conduct. The Court confirmed one finding of unprofessional conduct, but on a second found that the Council had incorrectly applied the reasonableness standard of review to evidence regarding the appropriate Yukon standard of practice.

22. August 2006 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Ellwood v. Assn. of Professional Engineers of Yukon, [2006] Y.J. No. 49, Yukon Territory Supreme Court, June 19, 2006, Veale J. ...

The Development Appeal Board’s confirmation of the Development Officer’s approval of a development permit was allowed as the City, without bad faith or obfuscation, misled the public with respect to the implementation of the amendment to a zoning bylaw

28. December 2004 0
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Public interest – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Boyd v. Yellowknife (City), [2004] N.W.T.J. No. 49, Northwest Territories Supreme Court, August 20, 2004, Lutz J. The Appellant appealed the Development Appeal Board’s decision confirming ...

A decision of the appeal tribunal, constituted under the Yukon Workers’ Compensation Act, to disclose the entire file of the worker to her employer was quashed as the tribunal erred in law in its consideration of the notion of “relevance” resulting in an order which was unreasonable

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Workers Compensation Boards – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter O’Donnell (Re), [2004] Y.J. No. 76, Yukon Territory Supreme Court, July 19, 2004, Veale J. An appeal tribunal appointed under the Yukon Worker’s Compensation Act, R.S.Y. 2002, c.231, ordered, on ...

The Ingamo Hall Friendship Centre (“Ingamo”) appealed from a decision of the Fair Practices Officer in which Bergeron’s complaint of discrimination was allowed and damages for the lost wages and humiliation were awarded. The court allowed the appeal and overturned the decision of the Fair Practices Officer.

28. October 2003 0
Administrative law – Human rights complaints – Discrimination – Race – Employment law – Termination of employment – Decisions of administrative tribunals – Fair Practices Officer – Judicial review – Evidence – Standard of review – Correctness Ingamo Hall Friendship Centre v. Bergeron, [2003] N.W.T.J. No. 51, Northwest Territories Supreme Court, July 30, 2003, Vertes J. Bergeron, ...

The Plaintiff Nunavut Tunngavik Incorporated (“NTI”), in its action against the Federal Government, claimed that the Firearms Act, R.S.C. 1995, c.39, legislation which introduced a universal licensing and registration scheme for the possession, use and purchase of all firearms and ammunition, unlawfully infringed upon the rights guaranteed to Inuit under the Nunavut Land Claims Agreement (“NLCA”). Pending trial, the court allowed NTI’s application for an interlocutory order staying application of provisions of the Firearms Act and Criminal Code, R.S.C. 1985 c.46, on the basis that the alleged infringement of a treaty right may cause collateral damage to important Inuit interests.

23. September 2003 0
Administrative law – Aboriginal issues – Firearms registration – Infringement on Aboriginal rights – Damages – Stay of proceedings Nunavut Tunngavik Inc. v. Canada (Attorney General), [2003] Nu.J. No. 2, Nunavut Court of Justice, July 8, 2003, Kilpatrick J. The Plaintiff Nunavut Tunngavik Incorporated (“NTI”), on behalf of Inuit enrolled as beneficiaries under the Nunavut Land ...

An automotive sales and service business (“White Bear”) went into receivership and several of the company’s terminated employees filed complaints with the Labour Services offices of the Government of the Northwest Territories. The employees claimed wages owed and related benefits. An officer of the Labour Standards Board (the “Board”) examined their claims and issued certificates determining the amounts owing and declared that the employees were entitled to wage claims from the officers and directors of White Bear, pursuant to section 62 of the Labour Standards Act. The directors of White Bear appealed the ruling. The Board confirmed the certificates of the officer. The directors then unsuccessfully appealed those confirmations to the Northwest Territories Supreme Court.

26. August 2003 0
Administrative law – Labour Relations Board – Employment standards – Termination of employment – Termination package – Judicial review – Administrative decisions – Failure to provide reasons – Standard of review – Patent unreasonableness Buist v. Northwest Territories (Labour Standards Board), [2003] N.W.T.J. No. 30, Northwest Territories Supreme Court, May 30, 2003, O’Connor J. The Appellants ...

Actions taken by the Legislative Assembly relating to the tenure of an official appointed to carry out statutory duties attracted a duty of fairness. The Conflict of Interest Commissioner (the “Conflict Commissioner”), whose appointment was revoked by Commissioner of the Northwest Territories on the recommendation of the Legislative Assembly, was owed a duty of procedural fairness which included, at a minimum, the obligation to put her on notice that her position was at risk and to give her the right to be heard. The removal from office of the Conflict Commissioner was not an aspect of the Legislative Assembly’s privilege.

26. November 2002 0
Administrative law – Legislative assembly – Executive officers – Duty of fairness – Official appointments – Judicial review – Procedural requirements Roberts v. Northwest Territories (Commissioner), [2002] N.W.T.J. No. 81, Northwest Territories Supreme Court, October 23, 2002, Vertes J. The appointment of the Conflict Commissioner was for a four-year term. Fifteen months into her tenure, the Legislative ...