Administrative law – Freedom of information and protection of privacy – Privacy Commissioner – Jurisdiction – Public body – Definition – Physicians and surgeons – Governance Yukon Medical Council v. Yukon (Information and Privacy Commission), [2002] Y.J. No. 82, Yukon Territory Court of Appeal, August 20, 2002, Finch C.J.Y.T., Donald and Low JJ.A. The Council appealed the ...
Administrative law – Employment standards – Employer’s representations – Termination package – Fraudulent concealment – Judicial review – Standard of review – Patently unreasonable decision – Limitations Halloran v. Sargeant, [2002] O.J. No. 3248, Ontario Court of Appeal, August 27, 2002, McMurtry C.J.O., Weiler and Armstrong JJ.A. Halloran was employed by Crown Cork & Seal for 31 ...
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Stay of suspension Pierce v. Law Society of British Columbia, [2002] B.C.J. No. 2008, British Columbia Court of Appeal, September 5, 2002, Donald J.A. On September 16, 2002, the Law Society issued a citation alleging professional misconduct and conduct unbecoming a ...
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness MacGregor v. Halifax Regional School Board, [2002] N.S.J. No. 334, Nova Scotia Supreme Court, July 17, 2002, Coughlan J. The school board voted to close École Beaufort, a school providing French immersion education. The Applicants, parents of children attending ...
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Jurisdiction – Powers – Abuse of public office Walman v. Certified General Accountants Assn. of British Columbia, [2002] B.C.J. No. 1560, British Columbia Supreme Court, July 8, 2002, Curtis J. Walman was an accountant who became the subject of disciplinary proceedings brought by the Certified General ...
Administrative law – Logging permits – Aboriginal issues – Government’s duty to consult – Procedural requirements – Natural justice Lax Kw’alaams Indian Band v. British Columbia (Minister of Sustainable Resource Management), [2002] B.C.J. No. 1699, British Columbia Supreme Court, July 19, 2002, Maczko J. On April 30, 2002, the Minister of Sustainable Resource Management (the ...
Administrative law – Motor vehicle accidents – Arbitration and award – Arbitrators – Jurisdiction – Appeals – Leave to appeal – Test Maruna v. Lopatka, [2002] B.C.J. No. 1706, British Columbia Supreme Court, July 19, 2002, Brooke J. Lopatka was involved in four motor vehicle accidents. Pursuant to section 148 of the Regulations to the Insurance ...
Administrative law – Human rights complaints – Boards and tribunals – Judicial review application – Standard of review – Reasonableness Simpliciter – Investigative bodies – Fairness Chopra v. Canada (Attorney General), [2002] F.C.J. No. 1082, Federal Court of Canada – Trial Division, July 12, 2002, Beaudry J. A scientist employed by Health Canada sought judicial review of the ...
Administrative law – Labour law – Arbitration – Collective agreements – Working conditions – Jurisdiction of court – Universities – Jurisdiction Hemmings v. University of Saskatchewan, [2002] S.J. No. 457, Saskatchewan Court of Appeal, July 30, 2002, Vancise, Sherstobitoff and Jackson JJ.A. A tenured professor commenced an action against the University for intimidation, intentional infliction of harm, ...
Administrative law – Workers compensation – Benefits – Charter of Rights – Discrimination – Equality rights Burnett v. British Columbia (Worker’s Compensation Board), [2002] B.C.J. No. 1738, British Columbia Supreme Court, July 25, 2002, Holmes J. The Petitioner’s spouse was killed in a work-related accident when she was 32 years old with one dependent child aged ...