Ontario Superior Court of Justice dismisses judicial review as premature, finding exceptional circumstances did not exist to warrant early intervention of the courts even though the issue of prematurity of the application was not raised by the parties at the hearing. Administrative law – Decisions reviewed – Arbitration Board – Judicial review application – Premature ...
Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...
Administrative law – Decisions reviewed – Arbitration Board – Professional governance and discipline – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Campbell v. Fredericton (City) Police Force, [2018] N.B.J. No. 197, 2018 NBCA 54, New Brunswick Court of Appeal, September 6, 2018, J.C.M. Richard, ...
The Applicant, the Corporation of the City of St. Catharine’s, unsuccessfully applied for judicial review of an arbitration decision regarding two firefighters employed by the City. The firefighters had been represented by the Respondent, St. Catharine’s Professional Fire Fighters’ Association in asking an arbitrator to set aside their demotion. Administrative law – Decisions reviewed – ...
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition. Administrative Law – Arbitration Board – Decisions reviewed – Judicial Review – Motor vehicle accidents – Reasonableness – Standard of Review Farmers’ Mutual Insurance Co. ...
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...
Administrative law – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Natural resources – Forestry – Timber licences – Government – Expropriation – Interest – Compound vs. simple interest – Judicial review – Compliance with legislation – Interpretation British Columbia (Forests) v. Teal Cedar Products Ltd., [2013] S.C.J. No. 51, 2013 SCC 51, Supreme ...
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Benefits – Judicial review – Appeals – Compliance with legislation – Statutory interpretation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Assn., [2013] B.C.J. No. 767, ...
Administrative law – Decisions of administrative tribunals – Arbitration Board – Natural resources – Electricity – Municipalities – Utility services – Contracts – Landlord and tenant – Leases – Land and water rights – Valuation – Judicial review – Standard of review – Reasonableness simpliciter St. John’s (City) v. Newfoundland Power Inc., [2013] N.J. No. ...
Administrative law – Decisions of administrative tribunals – Arbitration Board – Judicial review – Jurisdiction of arbitrator – Standard of review – Correctness Urban E. Homes Ltd. v. Condomium Corp. No. 0313563, [2013] A.J. No. 187, 2013 ABQB 109, Alberta Court of Queen’s Bench, February 15, 2013, R.A. Jerke J. The Applicant, Urban E. Homes Ltd., constructed ...