Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Correctness – Patent unreasonableness – Jurisdiction of tribunal – Damages British Columbia v. Hutchinson, [2005] B.C.J. No. 2270, British Columbia Supreme Court, October 12, 2005, Cullen ...
Administrative law – Human rights complaints – Discrimination – Disability – Duty to request accommodation – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Reasonableness simpliciter Garvey v. Meyers Transport Ltd., [2005] F.C.J. No. 1684, Federal Court of Appeal, October 13, 2005, Desjardins, Evans and Sharlow JJ.A. Garvey was ...
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Standard of review – Reasonableness simpliciter Dr. R.A.R. v. College of Physicians and Surgeons of Ontario, [2005] O.J. No. 4219, Ontario Superior Court of Justice, September 14, 2005, ...
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Decisions of administrative tribunals – Association of Professional Engineers – Estoppel and res judicata – Judicial review – Abuse of process Visser v. Association of Professional Engineers and Geoscientists of British Columbia, [2005] B.C.J. No. 2108, British Columbia Supreme Court, October 5, 2005, Baker J. On October ...
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Permits and licences – Suspensions – Judicial review – Procedural requirements and fairness – Natural justice – Charter of Rights – Freedom of expression Genex Communications Inc. v. Canada (Attorney General), [2005] F.C.J. No. 1440, Federal Court of Appeal, September 1, 2005, Richard C.J., Létourneau ...
Administrative law – Schools – Closures – Parental rights – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness Kelley v. Saanich School District No. 63, [2005] B.C.J. No. 1952, British Columbia Supreme Court, September 9, 2005, Sigurdson J. An application was brought by way of judicial review to quash a ...
Administrative law – Decisions of administrative tribunals – Police Commission – Disciplinary proceedings – Hearings – Pending hearings – Discretion of court to interfere – Judicial review – Procedural requirements and fairness – Bias – Remedies – Availability Smyth v. Edmonton (City) Police Service, [2005] A.J. No. 1216, Alberta Court of Queen’s Bench, September 6, 2005, Lefsrud J. The ...
Administrative law – Decisions of administrative tribunals – Board of Examiners of Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Accreditation – Misrepresentation – Jurisdiction of tribunal – Judicial review – Stay of proceedings – Remedies – Prohibition – Availability Psychologist “Y” v. Nova Scotia Board of Examiners in Psychology, [2005] N.S.J. No. 350, ...
Administrative law – Permits and licences – Suspensions – Compliance with legislation – Decisions of administrative tribunals – Motor Vehicle Dealers – Hearings – Right to hearing Amerato v. Ontario (Motor Vehicle Dealers Act, Registrar), [2005] O.J. No. 3713, Ontario Court of Appeal, September 8, 2005, K.N. Feldman, E.E. Gillese and H.S. LaForme JJ.A. An appeal was ...
Administrative law – Police – Disciplinary proceedings – Criminal charges – Evidence – Hearings – Decisions of administrative tribunals – Police Commission – Abuse of process – Test – Judicial review – Stay of proceedings – Standard of review – Correctness Peel (Regional Municipality) Police Service v. Watson, [2005] O.J. No. 3525, Ontario Superior Court of Justice, August 18, ...