Court determined that limitation period for judicial review of administrative decisions in New Brunswick begins when the affected parties are notified of the decision or when there is “public availability” of the decision, not from the date of the decision itself.

Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Application – Appeals – Limitations Laliberté v. Kedgwick (Rural Community), [2019] N.B.J. No. 116, 2019 NBCA 38, New Brunswick Court of Appeal, May 16, 2019, J.C.M. Richard, M.E.L. Larlee and K.A. Quigg JJ.A. In New Brunswick, judicial review of administrative action is governed ...

ONCA concludes Racing Commission panel made reasonable factual findings available to it on the evidentiary record

16. January 2018 0
Administrative law – Decisions reviewed – Racing Commission – Appeal – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Failure to provide reasons Brooks v. Ontario (Racing Commission), [2017] O.J. No. 5664, 2017 ONCA 833, Ontario Court of Appeal, November 1, 2017, J.L. MacFarland, C.W. Hourigan and G.I. Pardu JJ.A. The ...

Ontario court finds Toronto Soccer Association and Ontario Soccer Association breached standard of fairness by failing to give adequate notice of the infractions at issue and the sanctions that could be faced in dispute over player ages

16. January 2018 0
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...

The Appellants (Mr. Katsoulakos and Micro City Engineering Services Inc.) successfully appealed a decision of the Respondent, the Association of Professional Engineers of Ontario. The decision found that the Appellants were guilty of professional misconduct in respect of their work designing a manure tank for a dairy farm.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Professional misconduct / conduct unbecoming – Competence – Disciplinary proceedings – Judicial review – Appeals – Procedural requirements and fairness – Notice – Evidence – Judicial notice Katsoulakos v Assn. of Professional Engineers of Ontario, [2014] O.J. No. 4430, 2014 ...

Supreme Court of Canada upheld the Nova Scotia Human Rights Commission’s decision to refer a complaint about differential funding of French-language schools in Halifax to a board of inquiry. The decision was a discretionary determination by an administrative tribunal exercising a screening function warranting deference .

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Jurisciction of commission – Referral to Board of Inquiry – Discretion of delegated authority – Human rights complaints – Charter of Rights and Freedoms – Discrimination – Minority rights – Schools – Funding – Judicial review – Jurisdiction – Standard of review – Reasonableness ...

The British Columbia Teachers’ Federation (the “Federation”) lost an appeal from a preliminary arbitration ruling finding that the failure of school boards to implement student codes of conduct in accordance with a Ministerial Order was not an arbitrable issue since it was not a term of the collective agreement, did not have even an implicit connection to the collective agreement and was not employment-related legislation incorporated into the collective agreement by s. 27 of the School Act

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Labour law – Collective agreements – Schools – Students – Code of conduct – School boards – Powers and duties – Judicial review – Ministerial orders – Compliance with legislation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public ...

A former employee of MacMillan Bloedel Limited who was injured in a car accident in 1979 (“Andrews”) was unsuccessful on his application for judicial review of a decision of the Human Rights Tribunal (the “Tribunal”) refusing to accept his complaint for filing because it did not allege facts which, if proven, could be discrimination under the Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”)

25. September 2007 0
Administrative law – Human rights complaints – Discrimination – Disability – Charter of Rights and Freedoms – Decisions of administrative tribunals – Human Rights Tribunal – Labour law – Collective agreements – Judicial review – Standard of review – Patent unreasonableness Andrews v. British Columbia (Human Rights Tribunal), [2007] B.C.J. No. 1608, Supreme Court of British Columbia, July ...

The parents of children living in Labrador Straights in Newfoundland and Labrador claimed that their children have the right to be educated in the minority French language pursuant to Section 23 of the Canadian Charter of Rights and Freedom (“the Charter”), within the Province of Newfoundland and Labrador. The application was unsuccessful.

22. June 2004 0
Chubbs v. Newfoundland and Labrador, [2004] N.J. No. 174, Newfoundland and Labrador Supreme Court – Trial Division, May 6, 2004, Fowler, J. The parents of approximately 19 children sued for the right of their children to attend minority language instruction within their own community, rather than travelling over the Quebec border to attend school in ...

Tremblay’s appeal from the decision of the British Columbia Supreme Court dismissing a petition seeking a declaration that certain orders-in-council concerning budget cuts to the Legal Services Society were ultra vires was dismissed. The Court held that Tremblay had not shown any error of law or principle that would allow the Court to intervene in what was essentially a policy dispute.

Administrative law – Legislation – Orders in council – Ultra vires – Legal Aid – Funding Tremblay v. British Columbia (Attorney General), [2002] B.C.J. No. 942, British Columbia Court of Appeal, May 2, 2002, Finch C.J.B.C., Prowse and Smith JJ.A. Tremblay appealed from the decision of the British Columbia Supreme Court dismissing the petition to quash ...