Petition for judicial review from decision of Human Rights Tribunal dismissing complaint because it was not filed in time.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Compliance with legislation – Limitation of actions – Standard of review – Patent unreasonableness Lewis v. British Columbia (Ministry of Public Safety), [2013] B.C.J. No. ...

Appeal from decision of Ontario Securities Commission finding appellants contravened Securities Act

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Professional governance and discipline – Competence – Investigations – Judicial review – Compliance with legislation – Evidence – Procedural requirements and fairness – Bias Taylor v. Ontario (Securities Commission), [2013] O.J. No. 4988, 2013 ONSC 6495, Ontario Superior Court of Justice, ...

The Applicant worker, Mr. Griffin, sought judicial review of the Respondents’ decisions about his entitlement to survivor benefits pursuant to the Workplace Health, Safety and Compensation Act. The application for judicial review was dismissed.

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Survivor benefits – Entitlement – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness – Reasonableness simpliciter Griffin v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2013] N.J. No. 337, 2013 NLTD(G) ...

In this case, the Supreme Court of Canada considered the distinction between arbitrators and courts with respect to awarding interest

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Natural resources – Forestry – Timber licences – Government – Expropriation – Interest – Compound vs. simple interest – Judicial review – Compliance with legislation – Interpretation British Columbia (Forests) v. Teal Cedar Products Ltd., [2013] S.C.J. No. 51, 2013 SCC 51, Supreme ...

The Court declined the respondents’ application to convert Workers’ Compensation Board proceedings to a court action but permitted their request to challenge WCB orders as the respondents faced the possibility of imprisonment

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Tribunal orders – Contempt – Judicial review – Collateral attack – Compliance with legislation – Evidence British Columbia (Workers’ Compensation Board) v. Skylite Building Maintenance Ltd., [2013] B.C.J. No. 1988, 2013 BCSC 1666, British Columbia Supreme Court, September 10, 2013, G. Funt J. ...

The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

The Petitioner (“Ms. Mackay”) successfully appealed a decision of an arbitrator who had rejected her claim for nuisance in respect of her dealings with the Respondent, Archaeology Branch. Those dealings involved the Branch requiring her to obtain a heritage inspection on her property as a condition to obtaining a site alteration permit.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Arbitration – Heritage sites – Inspection – Nuisance – Test – Judicial review – Compliance with legislation Mackay v. British Columbia, [2013] B.C.J. No. 1121, 2012 BCSC 945, British Columbia Supreme Court, May 30, 2013, L.B. Gerow J. (In Chambers) ...

The Applicant mother of a suspended student unsuccessfully applied for judicial review of the Respondent Board’s decision to suspend the student for 15 days

23. July 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Notice requirements – Schools – Suspension of students – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Parsons v. Chignecto-Central Regional School Board, [2013] N.S.J. No. 282, 2013 NSSC 170, Nova Scotia Supreme Court, June 4, 2013, P.J. ...

Application to Court of Queen’s Bench from municipal zoning decision for an order compelling the municipality to provide written reasons for its decision.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation Eagle’s Nest Youth Ranch Inc. v. Corman Park (Rural Municipality, No. 344), [2013] S.J. No. 354, 2013 SKQB 218, Saskatchewan Court of ...