The Applicant both appealed and applied for judicial review of a decision of the Appeals Commission of the Alberta Workers’ Compensation Board (the “AC”) upholding a decision of the Claims Services Review Committee (the “CSRC”) which denied the Applicant further benefits for a work related injury. The appeal was dismissed, and a judicial review of the decision of the AC was denied on the basis that even though the AC had erred in holding that it could not review jurisdictional issues regarding the CSRC, the de novo hearing before the AC was an adequate alternative remedy to sending the matter back to the CSRC for a rehearing and the decision of the AC that the Applicant was not entitled to further benefits was reasonable.

27. September 2005 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Appeals – Jurisdiction to hear – Judicial review – Judicial review application – Natural justice – Remedies – Alternative remedies Martinson v. Alberta (Workers’ Compensation Appeals Commission), [2005] A.J. No. 896, Alberta Court of Queen’s Bench, July 15, 2005, Macklin ...

The court declined to exercise its habeas corpus jurisdiction upon an application by an inmate in administrative segregation on the grounds that there were other alternative means by which the Applicant may have contested his detention

23. November 2004 0
Administrative law – Prisons – Discipline of inmates – Remedies – Habeas corpus – Alternative remedies Condo v. Bath Institution, [2004] O.J. No. 3760, Ontario Superior Court of Justice, September 14, 2004, Polowin J. The Applicant was serving a five-year prison sentence in a medium security institution. He had been placed in administrative segregation, pursuant to ...

The court dismissed a motion to quash an application for judicial review on the basis that the Applicant had an adequate alternative remedy in the form of a full hearing before a panel of the University Discipline Tribunal. The court allowed the Applicant’s cross-motion to stay the hearing of the Discipline Tribunal pending the resolution of the application for judicial review.

28. September 2004 0
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...

A pensioner (“McLean”) sought judicial review of decisions made by employees of the Ministry of Human Resources (the “Ministry”) regarding McLean’s entitlement to benefits. The application was dismissed as the court found it was brought prematurely, where McLean had failed to pursue the remedies available to him under the legislation at issue.

27. April 2004 0
Administrative law – Judicial review application – Premature – Jurisdiction of court – Compliance with legislation – Remedies – Alternative remedies – Decisions of administrative tribunals – Ministerial orders McLean v. British Columbia (Minister of Human Resources), [2004] B.C.J. No. 428, British Columbia Supreme Court, March 5, 2004, Gerow J. McLean submitted to the court that he had ...

The Appellant was charged with professional misconduct after publicly demonstrating with a group outside of the Planned Parenthood Sexual Health Centre in Regina. Prior to the hearing, the applicant sought a writ of prohibition to prohibit the Discipline Committee from proceeding with the hearing into his conduct on the grounds that his Charter rights would be infringed if the Discipline Committee determined that whatever occurred while he was picketing amounted to professional misconduct within the meaning of the Act. The court concluded that the Act provides an alternative remedy with rights of appeal for the member being disciplined and that the alternative remedy was adequate. The applicant’s application was dismissed in its entirety and the Association was awarded costs.

25. March 2003 0
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Charter of Rights – Remedies – Alternative remedies – Self-governing professions – Statutory provisions Whatcott v. Saskatchewan Assn. of Licensed Practical Nurses, [2003] S.J. No. 54, Saskatchewan Court of Queen’s Bench, January 7, 2003, Gunn J. The applicant was a member of the ...