Independent claims for Charter relief cannot be brought by petition

20. September 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Remedies – Charter relief Redeemed Christian Church of God v. New Westminster (City), [2022] B.C.J. No. 1136, 2022 BCCA 224, British Columbia Court of Appeal, June 24, 2022, L.A. Fenlon, J.C. Grauer and P.G. Voith JJ.A. In the Court below, the chambers judge ...

That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...

Supreme Court of Canada denies fracking opponent a claim for damages against the Alberta Energy Regulator

17. February 2017 0
Dismissal of claim Alberta Energy Regulator breached right of freedom of expression under s. 2(b) of the Charter and for Charter damages. Administrative law – Boards and tribunals – Charter of Rights and Freedoms – Charter relief – Freedom of expression – Human rights complaints – Jurisdiction to grant Charter remedies – Natural resources – ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A man (“Conway”) who had been found not guilty by reason of insanity on a charge of sexual assault with a weapon was unsuccessful in his attempt to have the Ontario Review Board grant him an absolute discharge as a s.24(1) Charter remedy

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Review Board – Mental health facility – Treatment plans – Review Board authority –  Remedies – Charter relief – Availability – Boards and tribunals – Jurisdiction to grant Charter remedies – Prisons – Inmates not criminally responsible for their crimes – Public safety – Statutory provisions – ...

The appeal by a worker (“Plesner”) from a judicial review of his claim for workers’ compensation was allowed where the Court found that provisions and policies under the Workers’ Compensation Act R.S.B.C. 1996 c.492 (the “Act”), breached his Section 15(1) Charter rights as they require a worker to meet a significantly higher causation threshold for a purely mental work-related injury than required for those who suffer purely physical workplace injuries

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Charter of Rights and Freedoms – Workers compensation – Benefits – Traumatic event – Psychological injury – employment related – Validity and application of policies – Judicial review – Compliance with legislation – Remedies – Charter relief Plesner v. British Columbia (Hydro and ...

The BC Public School Employers’ Association (“BCPSEA”) was unsuccessful in appealing from an arbitrator’s decision to the effect that the British Columbia Teachers’ Federation (“BCTF”) was justified in taking a grievance from the decision of the School Boards to advise teachers that they were not to post materials on teacher bulletin boards or to distribute documents to parents regarding issues of class size that were the subject of collective bargaining negotiations between the BCTF and the BCPSEA

27. September 2005 0
Administrative law – Schools and school boards – Powers – Teachers – Labour law – Arbitration – Decisions of administrative tribunals – Labour and employment boards – Charter of Rights – Freedom of expression – Remedies – Charter relief British Columbia Public School Employers’ Association v. British Columbia Teachers’ Federation, [2005] B.C.J. No. 1719, British Columbia Court of Appeal, ...

The Appellants did not have the right to bypass the Administrative Tribunal of Quebec since that body had exclusive jurisdiction to hear appeals in respect of entitlement to minority language education, and that administrative appeal process could not be circumvented

24. May 2005 0
Administrative law – Charter of Rights – Discrimination – Human rights complaints – Language rights – Judicial review application – Quasi-judicial tribunals – Jurisdiction – Appeal process – Compliance with legislation – Remedies – Charter relief Okwuobi v. Lester B. Pearson School Board; Casimir v. Quebec (Attorney General); Zorilla v. Quebec (Attorney General), [2005] S.C.J. No. 16, Supreme ...