An employer’s appeal from a workers’ compensation determination that its employee had been injured, “in and out of the course of employment” as a snow plow operator, was unsuccessful

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – In and out of the course of employment – Judicial review – Standard of review – Reasonableness simpliciter Nova Scotia (Department of Transportation and Public Works) v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 137, Nova Scotia Court of Appeal, ...

The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

The Court of Appeal held that the proper representative of the Crown in proceedings under the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, is the Attorney General (the “AG”), not Her Majesty the Queen in the Right of the Province of British Columbia (“HMTQ”). The Court further determined that the AG can appear in his own right to speak for the public interest and may advocate for the statutory decision maker if the latter has not engaged separate counsel. The AG may be liable in costs if the tribunal does not file an appearance and the AG argues the merits of the tribunal’s decision.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Judicial review – Ministerial powers – Crown representative – Attorney General – Costs liability for Lang v. British Columbia (Superintendent of Motor Vehicles), [2005] B.C.J. No. 906, British Columbia Court of Appeal, April 25, 2005, Donald, Newbury and Low JJ.A. This appeal relates to four distinct cases in ...

The Court of Appeal held that a board of inquiry appointed under the Human Rights Act, R.S.N.S. 1989, c. 214 (the “Act”) was not entitled to make an award of legal costs as part of its compensation award

28. June 2005 0
Administrative law – Human rights complaints – Discrimination – Costs – Decisions of administrative tribunals – Human Rights Tribunal – Right to award costs – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), [2005] N.S.J. No. 156, Nova Scotia Court of Appeal, April 22, 2005, ...

The Court of Appeal reversed the order of the executive of the Saskatchewan Teachers’ Federation (“STF”) and set aside the finding that a school principal (“Casavant”) was guilty of professional misconduct and/or conduct unbecoming to a teacher where the Court found that the report tendered to the executive by the Professional Ethics Committee (the “Committee”) was inadequate

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Teachers Federation – Appeals – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Reasons – Report adequacy of – Compliance with legislation Casavant v. Saskatchewan Teachers’ Federation, [2005] S.J. No. 257, Saskatchewan Court of Appeal, April 21, 2005, Cameron, Lane and Richards JJ.A. ...

The Court overturned the decision of a Provincial Court Judge who had reversed the decision of a Firearms Officer and directed that the Respondent be given a licence to possess and acquire firearms

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Judicial review – Evidence – Judicial notice – Standard of review – Correctness Canada (Chief Firearms Officer for the Province of Alberta) v. Pogson, [2005] A.J. No. 281, Alberta Court of Queen’s Bench, March 14, 2005, Slatter J. The Respondent had applied for a firearms ...

The Court dismissed an application for judicial review of the Appeals Commission’s decision to overturn a decision of the Workers Compensation Board and the finding that a worker’s psychiatric illness was caused by his employment and was compensable

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Psychological injury employment related – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. 233, Alberta Court of Queen’s Bench, March 7, 2005, Moen J. The Respondent, ...

The Court quashed the decision of the Respondent Health Authority to permanently revoke the Applicant doctor’s privileges on the basis that the Respondent’s Board of Directors failed to meet the requirements of procedural fairness by hearing evidence in the Applicant’s absence

24. May 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Procedural requirements and fairness – Natural justice Trinh v. Acadie-Bathurst Health Authority, [2005] N.B.J. No. 96, New Brunswick Court of Queen’s Bench, March 3, 2005, R. Léger J. The Applicant was a medical doctor and a member of the medical staff of the ...

The Court dismissed a petition for a declaration that the sections of the Legal Professions Act, S.B.C. 1998, c.9 and the Law Society Rules allowing a practice review on a solicitor are inconsistent with the Constitution Act, 1982 and the Charter of Rights and Freedoms and are of no force and effect. The Court further refused to quash the decision of the Law Society’s Practice Standards Committee to conduct a practice review in respect of the Petitioner on the grounds that it was contrary to the principles of natural justice and made in bad faith.

24. May 2005 0
Administrative law – Barristers and solicitors – Boards and tribunals – Disciplinary proceedings – Charter of Rights – Application to disciplinary proceedings – Validity of legislation – Judicial review – Natural justice – Disclosure of third party records – Solicitor-client privilege Greene v. Law Society of British Columbia, [2005] B.C.J. No. 586, British Columbia Supreme Court, March 21, ...

The Court dismissed this application by a journalist and his employer, the Canadian Broadcasting Corporation, for judicial review of a decision of the Respondent’s Board of Inquiry which had denied the Applicants access to the Board’s hearings into the fires aboard the HMCS Chicoutimi

24. May 2005 0
Administrative law – National defence – Freedom of information and protection of privacy – Media access to hearings – Judicial review – Quasi-judicial tribunals – In camera hearings – Procedural requirements and fairness – Discretion of delegated authority – Standard of review – Correctness – Reasonableness simpliciter Gordon v. Canada (Minister of National Defence), [2005] ...