Administrative law – Real estate agents – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Commercial Appeals Commission – Hearing de novo – Duty to consider penalties Wong v. Real Estate Council of British Columbia, [2002] B.C.J. No. 2786, British Columbia Court of Appeal, December 13, 2002, Ryan, Mackenzie and Thackray JJ.A. The Real ...
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Jurisdiction – Municipalities – Power to enact by-laws Federation of Canadian Municipalities v. AT & T Canada Corp., [2002] F.C.J. No. 1777, Federal Court of Appeal, December 17, 2002, Létourneau, Nadon and Pelletier, JJ.A. This was an appeal from a decision of ...
Administrative law – Elections – Right to vote – Documentation – Decisions of administrative tribunals – Judicial review application – Standard of review – Correctness Coalition of Progressive Electors v. Vancouver (Deputy Chief Electoral Officer), [2002] B.C.J. No. 2939, British Columbia Supreme Court, November 13, 2002, Powers, J. This was an application for judicial review of a ...
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Stay of proceedings – Res judicata – Kienapple rule R. v. Frederickson, [2002] B.C.J. No. 2895, British Columbia Supreme Court, December 23, 2002, Ross J. This was an appeal from a decision of a Provincial Court judge to enter ...
Administrative law – Schools – Human rights complaints – Discrimination – Sexual orientation – Judicial review – Standard of review – Correctness North Vancouver School District No. 44 v. Jubran, [2003] B.C.J. No. 10, British Columbia Supreme Court, January 2, 2003, Stewart, J. Jubran, a high school student, filed a complaint of discrimination against School District No. ...
Administrative law – Human rights complaints – Discrimination – Disability – Evidence – Judicial review application – Breach of procedural fairness – Hearings – Disclosure – Solicitor-client privilege Baltruweit v. Canada (Attorney General), [2002] F.C.J. No. 1615, Federal Court of Canada – Trial Division, November 19, 2002, Gibson J. Baltruweit was employed by the Canadian Security Intelligence ...
Administrative law – Arbitration and award – Arbitrators – Judicial review – Bias Idowu v. York Condominium Corp. No. 128, [2002] O.J. No. 2102, Ontario Superior Court of Justice, May 21, 2002m Nordheimer J. Idowu owned three units in York Condominium. An issue arose as to whether Idowu was using these units as “rooming houses” contrary ...
Administrative law – Government – Employees – Benefit plans – Dispute resolution schemes – Jurisdiction – Final and binding – Definition – Adjudication – Jurisdiction of court – Labour law – Collective agreements Desrivieres v. Manitoba, [2002] M.J. No. 449, Manitoba Court of Appeal, November 15, 2002, Scott C.J.M., Monnin and Hamilton JJ.A. This case involved the issue of whether ...
Religious organizations – Governance – Church ministers – Disciplinary proceedings – Suspensions – Hearings – Judicial review – Breach of procedural fairness – Natural justice – Jurisdiction Graham v. United Church of Canada, [2002] S.J. No. 596, Saskatchewan Court of Queen’s Bench, November 15, 2002, Foley J. Graham was a minister of the United Church of Canada. ...
Administrative law – Municipalities – Fire inspection – Underground storage tanks – Judicial review – Compliance with legislation – Procedural requirements – Appeal process – Remedies – Certiorari Arch Transco Ltd. v. Regina (City), [2002] S.J. No. 637, Saskatchewan Court of Appeal, November 13, 2002, Tallis, Cameron and Jackson JJ.A. On January 3, 2001, a fire inspector ...