The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof

22. February 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

An application for judicial review of a decision of an adjudicator appointed by the general manager of the Liquor Control and Licensing Branch, was dismissed. The adjudicator’s decision that the petitioner had violated its Liquor Primary License was based on a correct interpretation of the regulations and was reasonable.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Primary licences -Take away service – definition – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Compliance with legislation – Evidence – Burden of proof – Procedural requirements and fairness Liquor Stores Limited Partnership v. ...

The appeal by a mining licence applicant (Vinland) from a Supreme Court decision returning Vinland’s appeal to the Mineral Rights Adjudication Board (the “Board”) for re-determination was dismissed where the Court found that the Board had jurisdiction to determine the Appeal but had failed to provide sufficient reasons in reaching its decision

25. March 2008 0
Administrative law – Natural resources – Mining leases – Staking requirements – Judicial review – Jurisdiction of tribunal – Natural justice – Failure to provide reasons – Evidence – Burden of proof Newfoundland and Labrador (Mineral Claims Recorder) v. Vinland Resources Ltd., [2008] N.J. No. 48, Newfoundland and Labrador Supreme Court – Court of Appeal, ...

The Court allowed an Appeal by a licensed practical nurse from a finding of misconduct in relation to the Appellant’s failure to report an incident. The Court found that the incident was very minor and that it was not reasonable to find a requirement to report that would attract discipline and a sanction which would seriously affect the member’s ability to work.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Council for Licensed Practical Nurses – Nurses – Disciplinary proceedings – Reporting requirements – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter – Failure to provide reasons – Natural justice Walsh v. Council for Licensed Practical Nurses, [2007] N.J. No. ...

The Court allowed, in part, an appeal from a decision of the Discipline Committee of the Respondent College, finding professional misconduct against the Appellant. The Court found that the panel’s decision on the merits was reasonable, but that the penalty they imposed was beyond the limits of reasonableness in the circumstances of a first-time, young offender.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Penalties and suspensions – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter Duval v. College of Nurses of ...

Moore’s complaint under the Human Rights Act, R.S.N.S. 1989, c. 214 alleging discrimination by reason of race was dismissed by a Board of Inquiry constituted under the Act. The Board held that the fact that Moore’s employer had called her “kemosabe” did not establish harassment or discrimination where Moore could not prove that she had made known that this appellation was offensive to her. Moore’s appeal to the Court of Appeal was dismissed as the court concluded that the Board had not erred in the burden it placed upon Moore to prove her case.

28. December 2004 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights – Burden of proof Nova Scotia (Human Rights Commission) v. Play It Again Sports Ltd., [2004] N.S.J. No. 403, Nova Scotia Court of Appeal, October 29, 2004, Glube C.J.N.S., Chipman and Hamilton JJ.A. Moore, a Mi’kmaq, had been ...

On an application for judicial review of a decision of a Human Rights Commissioner (the “Commissioner”), the court found that the Commissioner erred in law in finding gender discrimination against the complainant with respect to her rate of pay as a summer police constable. However, the court found that the Commissioner’s decision that the complainant was discriminated against in employment on the basis of gender was supported by the evidence and there was therefore no reviewable error with respect to that issue.

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Gender – Burden of proof – Judicial review – Standard of review – Correctness – Reasonableness simpliciter DeWare v. Kensington (Town), [2004] P.E.I.J. No. 40, Prince Edward Island Supreme Court – Trial Division, May 28, 2004, Matheson J. The ...