Administrative law – Decisions reviewed – Racing Commission – Appeal – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Failure to provide reasons Brooks v. Ontario (Racing Commission), [2017] O.J. No. 5664, 2017 ONCA 833, Ontario Court of Appeal, November 1, 2017, J.L. MacFarland, C.W. Hourigan and G.I. Pardu JJ.A. The ...
Appeal from decision of Saskatchewan Labour Relations Board regarding whether a complainant under employment legislation could release an employer with respect to wrongdoing that occurred in the past and is personal to the complainant rather than systemic in nature. Administrative law – Decisions reviewed – Labour and employment boards – Appeals – Employment – Termination ...
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable. The Court of Appeal affirmed the trial judge’s decision. The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...
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 ...
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 ...
Administrative law – Decisions reviewed – Appeals – Judicial review – Standard of review – Correctness – Remedies – Mandamus Council of Independent Community Pharmacy Owners Inc. v. Newfoundland and Labrador, [2017] N.J. No. 283, 2017 NLCA 45, Newfoundland and Labrador Supreme Court – Court of Appeal, July 25, 2017, B.G. Welsh, C.W. White and ...
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...
