Administrative law – Motor vehicle accidents – Arbitration and award – Arbitrators – Jurisdiction – Appeals – Leave to appeal – Test Maruna v. Lopatka, [2002] B.C.J. No. 1706, British Columbia Supreme Court, July 19, 2002, Brooke J. Lopatka was involved in four motor vehicle accidents. Pursuant to section 148 of the Regulations to the Insurance ...
Administrative law – Human rights complaints – Boards and tribunals – Judicial review application – Standard of review – Reasonableness Simpliciter – Investigative bodies – Fairness Chopra v. Canada (Attorney General), [2002] F.C.J. No. 1082, Federal Court of Canada – Trial Division, July 12, 2002, Beaudry J. A scientist employed by Health Canada sought judicial review of the ...
Administrative law – Labour law – Arbitration – Collective agreements – Working conditions – Jurisdiction of court – Universities – Jurisdiction Hemmings v. University of Saskatchewan, [2002] S.J. No. 457, Saskatchewan Court of Appeal, July 30, 2002, Vancise, Sherstobitoff and Jackson JJ.A. A tenured professor commenced an action against the University for intimidation, intentional infliction of harm, ...
Administrative law – Workers compensation – Benefits – Charter of Rights – Discrimination – Equality rights Burnett v. British Columbia (Worker’s Compensation Board), [2002] B.C.J. No. 1738, British Columbia Supreme Court, July 25, 2002, Holmes J. The Petitioner’s spouse was killed in a work-related accident when she was 32 years old with one dependent child aged ...
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming of member – Investigative bodies – Jurisdiction Dufault v. British Columbia College of Teachers, [2002] B.C.J. No. 864, British Columbia Supreme Court, April 25, 2002, Ross J. Dufault was the Associate Superintendent of Human Resources for the School District of Abbotsford. He was ...
Administrative law – Legislation – Orders in council – Ultra vires – Legal Aid – Funding Tremblay v. British Columbia (Attorney General), [2002] B.C.J. No. 942, British Columbia Court of Appeal, May 2, 2002, Finch C.J.B.C., Prowse and Smith JJ.A. Tremblay appealed from the decision of the British Columbia Supreme Court dismissing the petition to quash ...
Administrative law – Human rights complaints – Disability – Judicial review application – Boards and Tribunals – Breach of procedural fairness – Patently unreasonable decision – Continuing contravention – Definition O’Hara v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 887, British Columbia Supreme Court, April 16, 2002, Quijano J. O’Hara described himself as disabled from a ...
Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...
Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...
Administrative law – Boards and tribunals – Jurisdiction Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 127, Nova Scotia Supreme Court, March 18, 2002, Wright J. The Chicken Farmers of Nova Scotia is a commodity board constituted under the Nova Scotia Chicken Marketing Plan, the stated purpose of which is to promote, control ...