The BC Human Rights Tribunal dismissed a respondent’s application to dismiss a complaint against him on the basis that the HRT did not have jurisdiction. The complaint was made by an individual who was not employed by the respondent or the respondent’s employer, but rather, they worked on a mutual project together. The respondent argued ...
An appeal of the lower court decision to dismiss a judicial review petition due to failure to file on time is dismissed. Administrative law – Judicial review – Appeals – Jurisdiction – Delay – Limitations Denton v. British Columbia (Workers’ Compensation Appeal Tribunal), [2017] B.C.J. No. 2348, 2017 BCCA 403, British Columbia Court of Appeal, November 23, 2017, E.A. Bennett, ...
An application to add the Speaker of the Alberta Legislative Assembly to a judicial review application concerning a breach of ethics by one of the elected members of the Assembly is granted. Administrative law – Decisions reviewed – Ethics Commissioner – Jurisdiction – Judicial review – Applications – Freedom of information and protection of privacy ...
The BCCA denies leave to appeal a decision of the BCUC that a reduced utilities rate for low-income ratepayers would be unjust, unreasonable, and unduly discriminatory. Administrative law – Decisions reviewed – Utilities Commission – Appeals – Jurisdiction – Judicial review – Standard of review – Reasonableness – Natural resources – Power under legislation British ...
Administrative law – Decisions reviewed – Racing Commission – Appeal – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Failure to provide reasons Brooks v. Ontario (Racing Commission), [2017] O.J. No. 5664, 2017 ONCA 833, Ontario Court of Appeal, November 1, 2017, J.L. MacFarland, C.W. Hourigan and G.I. Pardu JJ.A. The ...
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...
Appeal from decision of Saskatchewan Labour Relations Board regarding whether a complainant under employment legislation could release an employer with respect to wrongdoing that occurred in the past and is personal to the complainant rather than systemic in nature. Administrative law – Decisions reviewed – Labour and employment boards – Appeals – Employment – Termination ...
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable. The Court of Appeal affirmed the trial judge’s decision. The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...
