The Applicant sought judicial review of the Alberta Human Rights and Citizenship Commission’s refusal to accept a complaint. The court applied a standard of correctness. The Commission’s Certificate was correct and held that the Commission is without jurisdiction to deal with the complaint, which did not concern any ground of discrimination covered by the Act.

24. September 2002 0
Administrative law – Human rights complaints – Jurisdiction – Access to child’s medical records by a divorced parent – Privative clauses – Boards and tribunals – Breach of procedural fairness – Judicial review – Standard of review – Correctness – Jurisdiction of court G.S. v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 980, Alberta Queen’s Bench, July ...

A number of adjoining landowners had successfully sought review of a Minister’s order granting an expansion of a landfill before the court. The Court of Appeal reversed the chambers judge’s decision and determined that a Minister’s order was not patently unreasonable and the failure to provide reasons in these circumstances did not constitute a breach of procedural fairness.

24. September 2002 0
Administrative law – Environmental hearings – Judicial review – Standard of review – Patent unreasonableness – Breach of procedural fairness – Failure to provide reasons Fenske (c.o.b. Glomick Farms) v. Alberta (Minister of Environment), [2002] A.J. No. 823, Alberta Court of Appeal, June 25, 2002, Berger, Costigan and Paperny, JJ.A. The Beaver Waste Management Services Commission ...

O’Hara’s application for a judicial review of a decision of the B.C. Human Rights Commission dismissing his complaint was itself dismissed as the Court held that O’Hara could not establish that the Commission’s decision was patently unreasonable or that the investigative process was procedurally unfair

28. May 2002 0
Administrative law – Human rights complaints – Disability – Judicial review application – Boards and Tribunals – Breach of procedural fairness – Patently unreasonable decision – Continuing contravention – Definition O’Hara v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 887, British Columbia Supreme Court, April 16, 2002, Quijano J. O’Hara described himself as disabled from a ...

An employer’s application for stay of proceedings of a human rights complaint was dismissed. Delay of 83 months since the first allegation and 56 months since the complaint was made was not sufficiently egregious to meet the high threshold necessary to support a remedy of a stay of proceedings

26. March 2002 0
Administrative law – Human rights complaints – Judicial review – Boards and tribunals – Bias – Breach of procedural fairness – Delay Crown Packaging Ltd. v. Ghinis, [2002] B.C.J. No. 489, British Columbia Court of Appeal, March 7, 2002, Prowse, Hall and Mackenzie JJ.A. The events alleged as the grounds of the complaint arose in November ...