Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...

The Supreme Court of Canada set aside a Human Rights Tribunal decision on the basis that the doctrines of issue estoppel, collateral attack, res judicata and abuse of process applied to prevent the Tribunal from considering complaints that had already been dealt with by the Workers’ Compensation Board review division

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Human Rights Tribunal – Discrimination – Judicial review – Administrative tribunals – Compliance with legislation – Estoppel and res judicata British Columbia (Workers’ Compensation Board) v. Figliola, [2011] S.C.J. No. 52, Supreme Court of Canada, October 27, 2011, McLachlin C.J. and ...

The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation – Administrative tribunals – Costs – Right to award costs Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2011] S.C.J. No. ...

A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Landlord and tenant – Conduct of tenant – By-laws – Practice and procedure – Administrative tribunals – Adjournment – Failure to provide reasons – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Natural justice – Remedies – Alternative remedies Markwart v. Prince Albert (City), ...

The province unsuccessfully appealed from a decision of the Nova Scotia Utility and Review Board (the “Board”) that a man whose land had been expropriated (“Bishop”) was entitled to an Order directing a Discovery of the province’s expert appraiser

26. December 2006 0
Administrative law – Expropriation – Decisions of administrative tribunals – Utility and Review Board – Practice and procedure – Administrative tribunals – Examination for discovery – Hearings – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Nova Scotia (Attorney General) v. Bishop, [2006] N.S.J. NO. 411, Nova Scotia ...

DRL Vacations Ltd. (“DRL”) was unsuccessful in seeking judicial review of the decision of the Halifax Port Authority to select a vendor other than DRL to operate a retail market catering outlet for the passengers and crew of cruise ships entering the Port of Halifax

27. September 2005 0
Administrative law – Administrative tribunals – Definition – Judicial review – Jurisdiction of Federal court – Port Authority – Vendor selection process DRL Vacations Ltd. v. Halifax Port Authority, [2005] F.C.J. No. 1060, Federal Court, June 15, 2005, Mactavish J. DRL submitted that although the HPA had formulated a process entitled a “Request for Proposals”, ...

The decision of the Workplace Health, Safety and Compensation Commission Act Appeals Tribunal does not issue until such a time as the parties are provided with a copy of the written reasons of the Tribunal. The decision must be signed by all panel members.

22. March 2005 0
Administrative law – Administrative tribunals – Reasons when in effect – Failure to provide signatures on reasons – Judicial review – Procedural requirements and fairness – Jurisdiction Mattina v. Workplace Health, Safety and Compensation Commission, [2005] N.B.J. No. 22, New Brunswick Court of Appeal, January 27, 2005, Ryan, Daigle and Robertson JJ.A. A hearing before the ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...