Administrative law – Employment law – Post employment obligations – Restraint of trade – Remedies – Injunctions – Judicial review – Standard of review – Correctness R.J.V. Gas Field Services Ltd. v. Baxandall, [2003] A.J. No. 731, Alberta Court of Appeal, June 5, 2003, Russell and Wittmann J.J.A. and Smith J. (ad hoc) In granting the original ...
Administrative law – Pilots – Disciplinary proceedings – Due diligence – Evidence – Judicial review application – Administrative decisions – Standard of review – Reasonableness simpliciter Veideman v. Canada (Minister of Transport), [2003] F.C.J. No. 751, Federal Court of Canada – Trial Division, May 12, 2003, Snider J. Veideman was a helicopter pilot transporting skiers in ...
Administrative law – Judicial review – Ombudsman – Jurisdiction – Privative clauses Smith v. Alberta (Ombudsman), [2003] A.J. No. 688, Alberta Court of Queen’s Bench, May 29, 2003, Lee J. In 1998, the Small Power Research and Development Act and Regulations were enacted by the Alberta Government to provide the authority to allocate to an eligible ...
Administrative law – Teachers – Labour law – Arbitration – Benefit plans – Dual coverage – Judicial review – Human rights complaints – Charter of Rights – Discrimination British Columbia Public School Employers’ Assn. v. British Columbia Teachers’ Federation, [2003] B.C.J. No. 1272, British Columbia Court of Appeal, May 30, 2003, Huddart, Braidwood and Thackray JJ.A. The Fort Nelson ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Public body – Legal Services Society – Solicitor-client privilege – Judicial review – Administrative decisions – Privacy commissioner – Standard of review – Correctness Legal Services Society v. British Columbia (Information and Privacy Commissioner), [2003] B.C.J. No. 1093, British Columbia Court of Appeal, May ...
Administrative law – Judicial review – Administrative decisions – Standard of review – Unreasonableness – Delay – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Disbarment – Costs Ewachniuk v. Law Society of British Columbia, [2003] B.C.J. No. 823, British Columbia Court of Appeal, April 15, 2003, Newbury, Huddart and Saunders JJ.A. A ...
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Powers – Jurisdiction – Absolute privilege – Practice and procedure – Jury notice – Summary proceedings Hung v. Gardiner, [2003] B.C.J. No. 1048, British Columbia Court of Appeal, May 6, 2003, Ryan, Hall and Levine JJ.A. The Appellant is a member of the Law Society of ...
Administrative law – Labour law – Arbitrators – Appointment – Bias – Ministerial powers – Judicial review – Statutory powers – Compliance with legislation – Standard of review – Patent unreasonableness Canadian Union of Public Employees v. Ontario (Minister of Labour), [2003] S.C.J. No. 28, Supreme Court of Canada, May 16, 2003, McLachlin C.J. and Gonthier, Iaccobucci, Major, Bastarache, ...
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, ...