The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack. The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...
The administrative decision-maker was held to have breached its duty of procedural fairness because it failed to share all relevant information with the applicant and failed to provide him with a reasonable opportunity to respond before the decision was made. Administrative law – Decisions of administrative tribunals – Duty to disclose evidence – Health authorities ...
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...
Injunction application in relation to the termination of agreement to operate a residential care facility pursuant to Health Authorities Act. Administrative law – Decisions of administrative tribunals – Evidence – Government contracts – Health authorities – Injunctions – Judicial Review – Licence to provide health services – Notice requirements – Procurement process – Remedies – ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Worker, definition – In and out of the course of employment – Judicial review – Standard of review – Patent unreasonableness Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), [2016] B.C.J. No. 1399, 2016 BCSC 1216, British ...
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Planning and zoning – Notice and consultation – Judicial review – Procedural requirements and fairness – Parties – Notice Miner v. Kings (County), [2016] N.S.J. No. 260, 2016 NSSC 163, Nova Scotia Supreme Court, April 7, 2016, C. R. Coughlan ...
Administrative law – Contracts – Interpretation – Legislation – Statutory interpretation – Standard of review – Palpable and overriding error – Correctness Heritage Capital Corp. v. Equitable Trust Co., [2016] S.C.J. No. 19, 2016 SCC 19, Supreme Court of Canada, May 6, 2016, McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown ...
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Health Professions Review Board – Statutory powers – Chiropractors – Competence – Inadequate investigations – Judicial review – Standard of review – Patent unreasonableness – Evidence College of Chiropractors of British Columbia v. Health Professions Review Board, [2016] B.C.J. No. 884, 2016 BCSC ...
