Procedural fairness requires notice of potential timeliness issues

16. February 2021 0
The application for judicial review was granted on the basis that the applicant was denied procedural fairness. The court remitted the matter for reconsideration by another decision-maker. Administrative law – Decisions reviewed – Attorney General – Judicial review – Procedural fairness – Standard of review – Procedural requirements and fairness – Barristers and solicitors – ...

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, ...

A bus driver who was required to retire at age 65 made a human rights complaint alleging discrimination. A Nova Scotia Board of Inquiry under the Human Rights Act found discrimination, but the School Board successfully appealed from this determination.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Age – Mandatory retirement – Labour law – Collective agreements – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Tri-County Regional School Board v. Nova Scotia (Human Rights Board of Inquiry), [2015] ...

The Appellant federal public service employee unsuccessfully appealed a decision of the Federal Court of Canada relating to the Respondent federal public service disclosing her home contact information to the Respondent union representing her bargaining interests.

25. March 2014 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness simpliciter – Costs Bernard v. Canada (Attorney ...

Court of Appeal dismissed an appeal by employer from decision dismissing its application for judicial review of arbitration board’s decision finding appellant was required to pay certain employees overtime at vacation entitlement rate

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Vacation pay – Arbitration – Judicial review – Estoppel and res judicata Viterra Inc. v. Grain Services Union, [2013] S.J. No. 535, 2013 SKCA 93, Saskatchewan Court of Appeal, September 10, 2013, R.G. Richards C.J.S., R.K. ...

The appellants successfully appealed an arbitrator’s decision on the basis that the arbitrator erred by failing to give effect to the ordinary and plain meaning of a statutory provision regarding employment benefits

28. May 2013 0
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 tribunals do not have to consider and comment upon every issue raised by the parties in their reasons. For reviewing courts, the issue remains whether the decision, viewed as a whole in the context of the record, is reasonable.

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Judicial review – Compliance with legislation – Failure to provide reasons – Standard of review – Reasonableness simpliciter Construction Labour Relations v. Driver Iron Inc., [2012] S.C.J. No. 65, 2012 SCC 65, Supreme Court of Canada, ...

The Applicant sought unsuccessfully a judicial review of a decision of the Public Service Labour Relations Board (the “Board”), which dismissed her complaints under the Public Service Labour Relations Act and applications for the Board’s consent to institute prosecutions for breaches of the Act. The Board had dismissed the complaints and applications on the grounds that they were more appropriately dealt with in hearings currently being held by the Board or in proceedings brought by the applicant in Federal Court, and that adjudicating numerous complaints stemming from essentially the same subject matter served no legitimate labour relations purpose.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Discretion of tribunal – Labour law – Collective agreements – Judicial review application – Compliance with legislation – Procedural requirements and fairness Bremsak v. Professional Institute of the Public Service of Canada, [2012] F.C.J. No. 528, 2012 FCA 91, Federal Court of ...

The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Arbitration – Benefits – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Reasonableness simpliciter – Correctness Newfoundland and Labrador Nurses’ Union ...

The Supreme Court of Canada allowed an appeal by appellant Nor-Man Regional Health Authority from the Manitoba Court of Appeal and determined that an arbitral award applying equitable remedies was not an aspect of the award that fell outside of the protected zone of deference. As a general rule, reasonableness was the standard of review governing arbitral awards under collective agreements. The arbitrator’s imposition of estoppel in this case was not unreasonable. The arbitrator’s decision that the union was barred from grieving the employer’s decision due to its long-standing acquiescence and the reasons given were transparent, intelligible and coherent. The appeal was allowed and the arbitrator’s award was restored.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Arbitration – Collective agreements – Benefits – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Equitable remedies – Promissory estoppel Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, ...