The Federal Court of Appeal upholds a finding that the Department of Public Works and Government Services issued a request for proposal in violation of the Agreement on Internal Trade on the basis that the Royal Canadian Navy imposed certain requirements that made it impossible for some select parties to submit bids. Administrative law – ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review – Appeals – Standard of review – Patent unreasonableness – Workers compensation – Occupational disease Workers compensation Goik v. British Columbia (Workers’ Compensation Appeal Tribunal), [2017] B.C.J. No. 1949, 2017 BCSC 1756, British Columbia Supreme Court, September 29, 2017, J.E. Watchuk J. (In ...
Administrative law – Decisions reviewed – Minister of Health – Judicial review – Practice and procedure – Discovery – Professions – Pharmacists – PharmaCare Enrollment Agreement – Access to information – Production of records Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2017] B.C.J. No. 1836, 2017 BCSC 1634, British Columbia Supreme Court, ...
Administrative law – Decisions reviewed – College of Psychotherapists – Judicial review – Procedural requirements and fairness – Natural justice – Permits and licences – Revocation – Psychotherapists – Professional misconduct or conduct unbecoming – Notice of complaint Haramic v. College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (Registrar), [2017] O.J. No. ...
The petitioner’s application for judicial review of an Inquiry Committee decision was dismissed on the basis that it was not amenable to judicial review. Administrative law – Physicians and surgeons – Inquiry committee decisions – Judicial review – Mootness – Jurisdiction – Standard of review – Reasonableness – Physicians and surgeons – Competence Maroofi v. ...
A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...
A court upheld the Human Rights Tribunal’s decision to dismiss portions of the petitioner’s complaint on the basis that it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention. Administrative law – Decisions reviewed – Human Rights Tribunal – Human rights complaints – Discrimination ...
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...
