Administrative law – Motor vehicles – Suspension of driver’s licence – Judicial review application – Procedural requirements Higgins v. British Columbia (Attorney General), [2002] B.C.J. No. 545, British Columbia Supreme Court, March 14, 2002, E.R.A. Edwards J. Higgins was served with a Notice of Driving Prohibition by a police officer on April 7, 2001 and completed ...
Administrative law – Municipal boards – Orders – Validity Duck Lake Feed Processors Ltd. v. Duck Lake (Town), [2002] S.J. No. 139, Saskatchewan Court of Queen’s Bench, March 13, 2002, Maher J. DLFP applied pursuant to s. 134(4) of The Urban Municipality Act, 1984 S.S. 1983-1984, c. U-11, for review of an order made by ...
Administrative law – Permits and licences – Compliance with legislation – Inspections – Powers under legislation Nexen Inc. v. Saskatchewan (Chief Electrical Inspector), [2002] S.J. No. 128, Saskatchewan Court of Queen’s Bench, March 6, 2002, Pritchard J. On August 13, 2001, the chief inspector, appointed by SaskPower pursuant to s. 6 of The Electrical Inspection ...
Administrative law – Judicial review application – Compliance with legislation – Standard of review – Correctness test – Police – Training requirements Ottawa-Carleton (Region) Police Services Board v. Ontario (Civilian Commission on Police Services), [2001] O.J. No. 5498, Ontario Superior Court of Justice, December 14, 2001, Zuber, Matlow and Cusinato JJ. Sheila Dunlop was a member ...
Administrative law – Labour law – Collective agreements – Jurisdiction of court – Defamation – Qualified privilege Haight-Smith v. Neden, [2002] B.C.J. No. 375, British Columbia Court of Appeal, February 27, 2002, Esson, Ryan and Levine JJ.A. If the “essential character” of the dispute arises from the interpretation, application, administration or violation of the collective ...
Administrative law – Human rights complaints – Judicial review – Boards and tribunals – Bias – Breach of procedural fairness – Delay Crown Packaging Ltd. v. Ghinis, [2002] B.C.J. No. 489, British Columbia Court of Appeal, March 7, 2002, Prowse, Hall and Mackenzie JJ.A. The events alleged as the grounds of the complaint arose in November ...
Administrative law – Legislation – Back to work orders – Questions of jurisdiction – Ultra vires – Judicial review – Standard of review Alberta Teachers’ Assn. v. Alberta, [2002] A.J. No. 268, Alberta Court of Queen’s Bench, March 1, 2002, Wachowich C.J.Q.B. The Alberta government ordered striking teachers back to work pursuant to a provision in ...
Administrative law – Judicial review – Boards and tribunals – Questions of jurisdiction – Reasonable apprehension of bias – Previous complaints – Investigative bodies – Fairness – Human rights complaints Ayangma v. Prince Edward Island (Human Rights Commission), [2002] P.E.I.J. No. 20, Prince Edward Island Supreme Court – Appeal Division, March 4, 2002, Mitchell C.J.P.E.I., McQuaid and ...
Administrative law – Charter of Rights – Hearings – Compellability of witness – Disclosure – Child abuse registers Nova Scotia (Minister of Community Services) v. D.J.M., [2002] N.S.J. No. 119, Nova Scotia Supreme Court (Family Division), March 4, 2002, Hood J. The Ministry of Community Services sought to have the name of D.J.M. placed on ...
Administrative law – Judicial review – Standard of review – Correctness test – Patent unreasonableness – Questions of jurisdiction – Extension of time – Police – Disciplinary proceedings – Privative clauses Symington v. Halifax (Regional Municipality) Police Service, [2002] N.S.J. No. 112, Nova Scotia Supreme Court, February 8, 2002, Moir J. Constable Symington was the subject ...