The Court quashed two decisions made by members of the Saskatchewan Human Rights Tribunal ordering a Tribunal inquiry into the respondents’ age discrimination complaints. The complaints had initially been refused an inquiry by the Human Rights Commissioner and the Court was of the view that had that decision been overturned, it would have undermined the legislative intention at the time the age discrimination was alleged as well as when the legislation was amended.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Judicial review – Compliance with legislation – Standard of review – Correctness – Labour law – Collective agreements – Statutory interpretation – Retrospective and retroactive operation University of Regina v. Kly, [2011] S.J. No. 141, ...

The Appellant Saskatoon Board of Police Commissioners successfully appealed the Labour Relations Board’s decision to assert jurisdiction over a matter more properly within the jurisdiction established by The Police Act, 1990, ch. P-15-01, S.S. 1990-91, given its essential nature as a disciplinary issue and not an employment issue

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Police Commission – Labour law – Collective agreements – Jurisdiction of labour arbitrator to hear disciplinary grievances – Judicial review – Compliance with legislation – Jurisdiction of tribunal Saskatoon Board of Police Commissioners v. Saskatoon Police Association, [2009] S.J. No. 570, 2009 ...

The Applicant University (the “University”) sought a judicial review of a human rights panel decision not to add the Canadian Union of Public Employees, Local 1870 (the “Union”) as a Respondent to certain complaint proceedings. The University’s application was granted and the human rights panel was directed to add the Union as a party.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Labour law – Collective agreements – Mandatory retirement – Universities – Judicial review – Parties – Standard of review – Correctness – Practice and procedure – Adding parties – test University of Prince Edward Island v. Nilsson, [2009] ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...

The Petition by the Ministry of Competition, Science and Enterprise (the “Ministry”) for an order quashing a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) was allowed in part where the Court found that the Tribunal should not have heard a portion of a complaint regarding discrimination flowing from a clause in a collective agreement

23. September 2008 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Human Rights Tribunal – Disability – Discrimination – Labour law – Collective agreements – Arbitration – Judicial review – Estoppel and res judicata – Mootness British Columbia (Ministry of Competition, Science and Enterprise) (c.o.b. Liquor Distribution Branch) v. Matuszewski, [2008] B.C.J. No. ...

The Court granted the defendant university association’s motion to dismiss the plaintiff university professor’s action against it on the ground that the matter fell into the exclusive jurisdiction of the Manitoba Labour Board. The plaintiff’s action alleged that the UWFA failed to fairly represent him when it agreed to mandatory retirement provisions in the relevant collective agreement. The Labour Relations Act provides a procedure for adjudicating the plaintiff’s complaint. In addition, the dispute involved the negotiation of the collective agreement, which falls within the ambit of the legislation regarding UWFA’s duty of fair representation. Therefore, the exclusive jurisdiction to hear this matter rested with the Board and not with the Court.

22. July 2008 0
Administrative law – Universities – Discrimination – Labour law – Collective agreements – Mandatory retirement Tomchuk v. University of Winnipeg Faculty Assn., [2008] M.J. No. 229. Manitoba Court of Queen’s Bench, June 5, 2008, H.C. Beard J. The applicant was the defendant University of Winnipeg Faculty Association (the “UWFA”) in an action brought against it ...

The Court dismissed an appeal by a regional municipality, which took the position that a discrimination complaint fell within the exclusive jurisdiction of a labour arbitrator appointed pursuant to the collective agreement, and that the Nova Scotia Human Rights Commission could thus not investigate the complaint. The Court upheld the decision of the chambers judge who had found that the Commission had concurrent jurisdiction.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Human Rights Commission – Jurisdiction – Municipalities – Human rights complaints – Discrimination – Race – Judicial review – Compliance with legislation – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear human rights complaints Halifax Regional Municipality v. ...

The University applied for judicial review of an interim award of an arbitration panel which had found that a grievance brought by the Respondent, a medical resident, was arbitrable pursuant to the collective bargaining agreement. The University challenged the jurisdiction of the arbitration panel on the ground that the issue was academic in nature and thus not arbitrable. The application was dismissed.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Universities – Student discipline – Medical residents – Harassment – Judicial review – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear disciplinary grievances University of Saskatchewan v. Wilde, [2007] S.J. No. 736, Saskatchewan Court of Queen’s Bench, October ...

The City of Calgary was successful in having the Court set aside the decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission where the Court found that the Chief Commissioner’s decision was unreasonable as it compared the situation of the disabled complainant (“Halfyard”) with other groups of employees not contemplated by the relevant section of the Collective Agreement

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Disability – Age – Labour law – Collective agreements – Workers compensation – Benefits – Judicial review – Standard of review – Reasonableness simpliciter Calgary (City) v. Alberta (Human Rights and Citizenship Commission), [2007] A.J. No. 852, Alberta Court of Queen’s Bench, ...

A former employee of MacMillan Bloedel Limited who was injured in a car accident in 1979 (“Andrews”) was unsuccessful on his application for judicial review of a decision of the Human Rights Tribunal (the “Tribunal”) refusing to accept his complaint for filing because it did not allege facts which, if proven, could be discrimination under the Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”)

25. September 2007 0
Administrative law – Human rights complaints – Discrimination – Disability – Charter of Rights and Freedoms – Decisions of administrative tribunals – Human Rights Tribunal – Labour law – Collective agreements – Judicial review – Standard of review – Patent unreasonableness Andrews v. British Columbia (Human Rights Tribunal), [2007] B.C.J. No. 1608, Supreme Court of British Columbia, July ...