Administrative law – Human rights complaints – Discrimination – Age – Limitations – Judicial review application – Breach of procedural fairness – Natural justice – Standard of review – Patent unreasonableness – Failure to provide adequate reasons Gismondi v. Ontario (Human Rights Commission), [2003] O.J. No. 419, Ontario Superior Court of Justice, February 14, 2003, Blair, E.M. ...
Administrative law – Municipalities – Planning and zoning – Utility and Review Board – Jurisdiction Kings (County) v. Lutz, [2003] N.S.J. No. 56, Nova Scotia Court of Appeal, February 18, 2003, Glube C.J.N.S., Chipman and Saunders JJ.A. Robert Parker carried on an excavation business from his residence in Kings County. His father had carried on ...
Administrative law – Municipalities – Property assessment – Appeals – Market adjustment factor Price Club Canada Real Estate Inc. v. Regina (City), [2003] S.J. No. 80, Saskatchewan Court of Appeal, February 4, 2003, Bayda C.J.S., Tallis and Jackson JJ.A This appeal concerns a 1999 assessment of Price Club’s property located at 665 University Park Drive ...
Administrative law – Human rights complaints – Evidence – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Failure to provide reasons – Standard of review – Reasonableness Spurrell v. Newfoundland (Human Rights Commission), [2003] N.J. No. 53, Newfoundland and Labrador Supreme Court – Trial Division, February 25, 2003, Adams J. An employee of ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Exceptions – Federal employees – Personal information – Definition – Judicial review – Standard of review – Correctness Canada (Information Commissioner) v. Canada (Commissioner of the Royal Canadian Mounted Police), [2003] S.C.J. No. 7, Supreme Court of Canada, March 6, 2003, McLachlin C.J. and ...
Administrative law – Human rights complaints – Discrimination – Disability – Definition – Judicial review – Standard of review – Correctness Evans v. Health Care Corporation of St. John’s, [2003] N.J. No. 61, Newfoundland and Labrador Supreme Court – Court of Appeal, March 6, 2003, Cameron and Welsh JJ.A. and Russell J. (ex officio) The complainant hospital ...
Administrative law – Arbitration and award – Arbitrators – Judicial review – Reasonable apprehension of bias – Test A.T. Kearney Ltd. v. Harrison, [2003] O.J. No. 438, Ontario Superior Court of Justice, February 10, 2003, Lax J. Following a 26-day arbitration concerning a wrongful dismissal claim, the employer applied pursuant to the Arbitration Act, 1991 S.O. ...
Administrative law – Police – Disciplinary proceedings – Police Complaint Commissioner – Powers – Public hearings – Public interest test – Doctrine of incidental power – Judicial review – Procedural requirements British Columbia (Police Complaint Commissioner) v. Vancouver City Police Department, [2003] B.C.J. No. 399, British Columbia Supreme Court, February 21, 2003, Goepel J. On December ...
Administrative law – Prisons – Transfer of inmates – Statutory provisions – Remedies – Habeas corpus – Jurisdiction of court Hickey v. Kent Institution, [2003] B.C.J. No. 61, British Columbia Court of Appeal, January 16, 2003, Rowles, Ryan and Saunders JJ.A. The appellant, an inmate in a federal institution, made application to a judge of the Supreme ...
Administrative law – Physicians and surgeons – Governance – Statutory provisions – Disciplinary proceedings – Defamation – Boards and tribunals – Absolute privilege – Qualified privilege Schut v. Magee, [2003] B.C.J. No. 102, British Columbia Supreme Court, January 20, 2003, Kirkpatrick J. The plaintiff doctor brought an action against the defendant doctors and members of the ...