The Court of Appeal dismissed an appeal brought by the Chief Coroner of the Yukon. On an application for judicial review, a Chambers Judge had ordered an inquest into the death of Ms. Cynthia Blackjack in spite of the Chief Coroner’s decision not to do so. The Court of Appeal dismissed the appeal, upholding the court’s concurrent, equivalent and continuing jurisdiction pursuant to the Coroners Act.

18. December 2018 0
Administrative law – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Criminal matters – Coroner’s inquest Blackjack v. Yukon (Chief Coroner), [2018] Y.J. No. 91, 2018 YKCA 14, Yukon Territory Court of Appeal, October 24, 2018, E.A. Bennett, L.A.M. Charbonneau and G. Dickson JJ.A Ms. Cynthia Blackjack died on-board a medevac aircraft ...

No formal complaint made pursuant to the Police Act. The Court of Appeal allowed the appeals of the three constables.

18. December 2018 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Jurisdiction – Compliance with legislation – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Professions – Police – Disciplinary proceedings Deluca v. Alberta (Law Enforcement Review Board), [2018] A.J. No. 1220, 2018 ABCA 340, Alberta Court of Appeal, ...

Ontario Court quashes City of Hamilton’s decision to remove political party’s discriminatory, anti-transgender bus-stop ads due to failure to consider the party’s Charter right to free speech

18. December 2018 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness – Human rights complaints – Discrimination – Gender Christian Heritage Party of Canada v. Hamilton (City), [2018] O.J. No. 5105, 2018 ONSC 3690, Ontario Superior Court of Justice, October 4, ...

Applicant did not realize she was “catastrophically impaired” and thus entitled to continuing housekeeping and attendant care benefits under the Statutory Accident Benefits Schedule until after the applicable limitation period had expired. On review, doctrine of discoverability deemed not applicable to the “hard” limitation period.

18. December 2018 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Limitations – Discoverability rule – Standard of review – Reasonableness Tomec v. Economical Mutual Insurance Co., [2018] O.J. No. 5076, 2018 ONSC 5664, Ontario Superior Court of Justice, October 2, 2018, G.B. Morawetz R.S.J., A.C.R. Whitten and D.K. Gray JJ. The applicant ...

Regulatory body can modify legal rights when doing so is in the public interest

16. November 2018 0
Administrative law – Decisions reviewed – Racing Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness – Government – Gaming and betting Ontario Harness Horse Assn. v. Ontario (Alcohol and Gaming Commission), [2018] O.J. No. 4862, 2018 ONSC 5160, Ontario Superior Court of Justice, September 24, 2018, K.E. Swinton, A.C.R. Whitten and ...

Seven-year delay in disciplinary process constitutes abuse of process

16. November 2018 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Police – Disciplinary proceedings – Public hearings Diaz-Rodriguez v. British Columbia (Police Complaints Commissioner), [2018] B.C.J. No. 3290, 2018 BCSC 1642, British Columbia Supreme Court, September 27, 2018, J.S. Harvey J. The petitioner, Constable Diaz-Rodriguez, was a member ...

This case involves a detailed consideration of section 7(2) of the Worker’s Compensation Act, which creates a rebuttable presumption whereby an accident occurring in the course of employment is deemed to also “arise out of that same employment” in the absence of evidence to the contrary. The purpose of the section is to attenuate the difficulty in proving that an injury in fact arises out of and in the course of one’s employment. The Commission argued the Tribunal erred in its interpretation and application of this provision. The court ultimately disagreed and engaged in a fairly detailed consideration of the provision.

16. November 2018 0
Administrative law – Decisions reviewed – Workers Compensation Board – Judicial review – Legislative compliance – Appeals – Standard of review – Correctness – Reasonableness – Worker’s compensation – Statutory provisions – In and out of the course of employment New Brunswick (Workplace Health, Safety and Compensation Commission) v. St-Onge, [2018] N.B.J. No. 198, 2018 ...

Does the Human Rights Commission have to provide reasons when dismissing a complaint? When is it appropriate on judicial review for the court to permit evidence that was not before the original decision-maker? These were some of the central questions that were before the Nova Scotia Supreme Court after the applicant filed a complaint against her employer saying that she was constructively dismissed due to a failure to accommodate her disability.

16. November 2018 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Evidence – Failure to provide reasons – Standard of review – Reasonableness – Human rights complaints – Disability Kelly v. Nova Scotia (Human Rights Commission), [2018] N.S.J. No. 336, 2018 NSSC 173, Nova Scotia Supreme Court, September 11, 2018, J.M. Arnold J. ...

The appellant, a member of the Fredericton Police Force was caught stealing while in the United States. She was never convicted, but the charges were not dismissed either. At the same time as this was unfolding, a formal complaint was initiated through her employer. The matter proceeded to arbitration where she was dismissed from her employment with the Fredericton Police Force, the arbitrator citing her breach of trust as the primary reason for the termination. The appellant sought to quash the arbitrator’s decision on judicial review for both procedural and substantive reasons.

16. November 2018 0
Administrative law – Decisions reviewed – Arbitration Board – Professional governance and discipline – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Campbell v. Fredericton (City) Police Force, [2018] N.B.J. No. 197, 2018 NBCA 54, New Brunswick Court of Appeal, September 6, 2018, J.C.M. Richard, ...

The Canadian Centre for Bio-Ethical Reform, a pro-life advocacy group, was denied advertising space on public buses by the South Coast British Columbia Transportation Authority for one of its campaigns aimed at demonizing women who have an abortion. It argued that the refusal constituted an unreasonable infringement on its Charter right to freedom of expression. The decision of TransLink was upheld by the chamber’s judge on judicial review, but ultimately overturned by the Court of Appeal, primarily on the basis of its failure to properly address the Charter argument. The Court of Appeal remitted the matter back to TransLink for reconsideration.

16. November 2018 0
Administrative law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Appeals – Fresh evidence – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2018] B.C.J. No. 3156, 2018 BCCA 344, British Columbia Court ...