Administrative law – Decisions of administrative tribunals – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Judicial review – Application to participate in hearing – Natural justice – Standard of review – Reasonableness simpliciter British Columbia (Minister of Water, Land and Air Protection) v. British Columbia (Information and Privacy Commissioner), [2004] ...
Administrative law – Employment law – Teachers – Termination of employment – Decisions of administrative tribunals – Board of Reference – Interpretation of Evidence – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Regina School Division No. 4 v. Hallgrimson, [2004] S.J. No. 198, Saskatchewan Court of Queen’s Bench, March 25, 2004, Dawson J. Gilbert ...
Administrative law – Workers compensation – Benefits – Stress claims – Test – Privative clauses – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review application – Quasi-judicial tribunals – Appeal process – Judicial review – Standard of review – Patent unreasonableness Taylor v. Workers’ Compensation Board, [2004] S.J. No. 224, Saskatchewan Court of Queen’s Bench, ...
Alberta Union of Provincial Employees v. Lethbridge Community College, [2004] S.C.J. No. 24, Supreme Court of Canada, April 29, 2004, McLachlin, C.J. and Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel, Deschamps and Fish JJ. The appellant employer hired the respondent grievor as scheduling co-ordinator but dismissed her on the grounds that she failed to meet deadlines ...
Cartaway Resources Corp. (Re) Executive Director of the British Columbia Securities Commission v. Hartvikson et al, [2004] S.C.J. No. 22, Supreme Court of Canada, April 22, 2004, McLachlin C.J. and Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel, Deschamps and Fish JJ. A group of securities brokers, including the Respondents Harvikson and Johnson (the “Respondents”), failed to ...
Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. 1828, Ontario Superior Court of Justice, April 30, 2004, MacFarland J. In December of 2002, the Committee found that Dr. Li had committed acts of professional misconduct involving the improper performance of breast examinations. The penalty imposed was immediate revocation of Dr. Li’s ...
Mr. G v. British Columbia College of Teachers, [2004] B.C.J. No. 944, British Columbia Supreme Court, May 7, 2004, Burnyeat J. Mr. G applied for leave to commence an appeal of the College decision by identifying himself only as “Mr. G”, with his children and the primary complainant also being identified only by initials. Mr. ...
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 ...
R. v. C.J.M., [2004] N.S.J. No. 175, Nova Scotia Court of Appeal, May 6, 2004, Boland J.A. The Capital District Health Authority (“CDHA”) sought leave to intervene in C.J.M.’s appeal. The Crown opposed the intervention. The Crown argued that CDHA could have appealed the Review Board’s Order in its capacity as a party to the ...
Pender Farms Ltd. v. Canada (Canadian Grain Commission), [2004] F.C.J. No. 798, Federal Court, April 29, 2004, O’Keefe J. Under the Canada Grain Act, a scheme exists to protect grain producers that sell to grain dealers who are or become bankrupt, or otherwise refuse to pay, by establishing a monetary security system. The Commission is ...