Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Production of records – Solicitor-client privilege – Public body – Judicial review – Appeals – Standard of review – Correctness British Columbia (Attorney General) v. Canadian Constitution Foundation, [2020] B.C.J. No. 1316, 2020 BCCA 238, British Columbia Court ...
Administrative law – Decisions reviewed – Municipal boards – Judicial review – Appeals – Mootness – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Costs – Standard of review – Correctness – Municipalities – Power Prince Albert Right to Life Assn v. Prince Albert (City), [2020] S.J. No. 299, 2020 SKCA ...
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...
The applicant was a student in the Primary Care Paramedic Program. He was removed from the program by Alberta Health Services, which ran a portion of the practicum program. The applicant was subsequently removed from the academic program for failure to complete his academic requirements. He sought a hearing in front of the Student Appeal ...
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Judicial review – Appeals – Legislative compliance – Fresh evidence – Standard of review – Reasonableness – Freedom of information and protection of privacy – Disclosure Gowrishankar v. J.K., [2019] A.J. No. 1167, 2019 ABCA 316, Alberta Court of Appeal, August 30, 2019, B.K. ...
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness Mohamed v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1134, 2019 ABQB 657, Alberta Court of Queen’s ...
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...
Where Charter values are engaged in an administrative decision, Charter values do not have to be perfectly balanced; however other avenues and options must be considered in order for the decision to be justifiable, transparent and intelligible. Administrative law – Decisions reviewed – Elections Officer – Charter of Rights and Freedoms – Discrimination – Judicial review – ...
Where information that is central to a complaint forms the basis for a report prepared by an investigator of the Canadian Human Rights Commission, this information must be disclosed to the complainant. It is not sufficient to provide a summary of the information to the complainant in a report. The duty to disclose is high ...
