Administrative law – Human rights complaints – Discrimination – Duty to accommodate – Procedural fairness – Judicial review application – Investigative bodies – Fairness Yuan v. British Columbia (Human Rights Commission), [2003] B.C.J. No. 687, British Columbia Supreme Court, March 26, 2003, Melvin J. Yuan contended that the Commission, which had conducted an investigation and determined that ...
Administrative law – Environmental issues – Watershed management – Water licence holders – Forest practices – Judicial review – Natural justice – Legitimate expectations Red Mountain Residents and Property Owners Assn. v. British Columbia (Minister of Forests, British Columbia Forest Service, Arrow Forest District), [2003] B.C.J. No. 659, British Columbia Court of Appeal, March 26, 2003, ...
Administrative law – Workers compensation – Statutory provisions – Average earnings – Method of calculation – Judicial review – Standard of review – Correctness Gauthier v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2003] N.B.J. No. 139, New Brunswick Court of Appeal, April 10, 2003, Drapeau C.J.N.B., Deschênes and Robertson JJ.A. The New Brunswick Court ...
Administrative law – Motor vehicles – Suspension of driver’s licence – Charter of Rights – Life liberty or security of the person – Law of reconsideration Thomson v. Alberta (Transportation and Safety Board), [2003] A.J. No. 420, Alberta Court of Appeal, April 11, 2003, Fraser C.J.A., Picard and Paperny JJ.A. As a general proposition, leave to reconsider ...
Administrative law – School boards – Transfer of students – Safety of students – Judicial review application – Mootness Bonnah (Litigation guardian of) v. Ottawa-Carleton District School Board, [2003] O.J. No. 1156, Ontario Court of Appeal, April 8, 2003, Doherty, Austin and Charron JJ.A. The court stated that it would not normally hear moot appeals, but ...
Administrative law – Prisons – Dangerous prisoners – Duty to protect – Duty to warn Farrows-Shelley v. Canada, [2003] F.C.J. No. 574, Federal Court of Canada – Trial Division, April 8, 2003, Aronovitch, Prothonotary The court quoted the decision of Jane Doe v. Metropolitan Toronto (Municipality) Commissioners of Police, [1998] O.J. No. 2681, wherein the ...
Administrative law – Horse racing – Judicial review – Administrative decisions – Natural justice – Bias – Familiarity – Jurisdiction – Standard of review – Patent unreasonableness Greenwood v. Alberta (Appeals Tribunal), [2003] A.J. No. 471, Alberta Court of Queen’s Bench, April 15, 2003, Belzil J. The Applicant was a trainer of a thoroughbred horse that ...
Administrative law – Workers compensation – Worker – Definition – Liability of sole director of a corporation – Statutory provisions – Privative clauses – Judicial review – Administrative decisions – Jurisdiction – Standard of review – Patent unreasonableness – Evidence Poulin v. Manitoba (Workers’ Compensation Board), [2003] M.J. No. 122, Manitoba Court of Appeal, April 23, 2003, ...
Administrative law – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Aboriginal issues – Judicial review – Standard of review – Correctness Alberta (Human Rights and Citizenship Commission) v. Elizabeth Metis Settlement, [2003] A.J. No. 484, Alberta Court of Queen’s Bench, April 17, 2003, Bielby J. Elizabeth Metis Settlement (“the Settlement”) is ...
Administrative law – Boards and tribunals – Labour Relations Board – Jurisdiction to hear constitutional questions relating to enabling statute British Columbia Teachers’ Federation v. British Columbia (Attorney General), [2003] B.C.J. No. 785, British Columbia Supreme Court, April 8, 2003, Satanove J. On January 28, 2002, members of the BCTF left the premises of their ...