The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Adjudications – Freedom of information and protection of privacy – Disclosure – Completion of inquiry – Limitations – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Alberta (Information and Privacy Commissioner) v. Alberta ...

The applicant (Aurora College) successfully applied to quash the decision of an adjudicator established under the Human Rights Act. The adjudicator had ordered that an investigative report be disclosed to her.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Adjudications – Human rights complaints – Discrimination – Judicial review – Disclosure – Relevance of information disclosed – Compliance with legislation – Standard of review – Correctness – Inquiries vs. adjudications Aurora College v. Niziol, [2010] N.W.T.J. No. 86, 2010 NWTSC 87, Northwest ...

An employee (“Dunsmuir”) who was dismissed from his employment at the Department of Justice of the Province of New Brunswick (the “Province”) was unsuccessful in appealing the dismissal. The pragmatic and functional approach was replaced with a standard of review analysis with only two standards of review (correctness and reasonableness) for courts reviewing decisions of administrative tribunals. No consideration needed to be given to a public law duty of procedural fairness because the employment relationship between Dunsmuir and the Province was governed by private law and contract law.

22. April 2008 0
Administrative law – Employment law – Terms of agreement – Termination of employment – Adjudications – Jurisdiction – Decisions of administrative tribunals – Labour and employment boards – Judicial review – Patent unreasonableness – Reasonableness simpliciter – Correctness – Procedural requirements and fairness – Privative clauses – Compliance with legislation Dunsmuir v. New Brunswick, [2008] ...

An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct

28. November 2006 0
Administrative law – Royal Canadian Mounted Police – Disciplinary proceedings – Decisions of administrative tribunals – Adjudications – Police Commission – Judicial review – Procedural requirements and fairness – Natural justice – Sufficient notice – Evidence Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395, Federal Court, September 18, 2006, O’Keefe J. Gill joined the RCMP in ...

The Court of Appeal dismissed an appeal by an employee from a decision setting aside an adjudicator’s order reinstating him to his former position, finding that the Province retained the right to dismiss non-unionized civil service employees for cause or with reasonable notice.

23. May 2006 0
Administrative law – Employment law – Termination of employment – Government employees – Decisions of administrative tribunals – Adjudications – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter New Brunswick (Board of Management) v. Dunsmuir, [2006] N.B.J. No. 118, New Brunswick Court of Appeal, March 23, 2006, W.S. Turnbull, ...