Appellant successfully appealed an inspector’s order that it was required to report a guest injury to the Ministry of Labour. The Court of Appeal held that the death of a hotel guest in an unsupervised pool was not connected to a potential hazard to employees or work safety issues and that it exceeded the scope of notification requirements set out by the Occupational Health and Safety Act.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Occupational Health and Safety Officer – Reporting requirements – Judicial review – Compliance with legislation Blue Mountain Resorts Ltd. v. Bok, [2013] O.J. No. 520, 2013 ONCA 75, Ontario Court of Appeal, February 7, 2013, J.C. MacPherson, R.P. Armstrong and R.A. Blair ...

Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Rules and by-laws – Conduct of tenant – Residential tenancy agreements – Termination – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Nethervue Park Ltd. v. MacKinnon, [2013] N.B.J. No. 21, 2013 ...

The Nova Scotia Court of Appeal upheld a tribunal decision that suspended a pharmacist for two years for false, illegal prescriptions. Although the suspension was at the higher end of the scale, the Appeal Court found the penalty fell within the range of permissible outcomes under the reasonableness standard of review.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Evidence – Jurisdiction of court – Standard of review – Reasonableness simpliciter – Costs Fadelle v. Nova Scotia College of Pharmacists, [2013] N.S.J. No. 90, ...

With respect to a tribunal’s findings of credibility, there is an important distinction between guessing, conjecture, and speculation on the one hand and drawing legal inferences from evidence where inferences can appropriately be drawn. In this case, the Court in a judicial review proceeding quashed one aspect of a tribunal’s credibility findings on the basis that it was unreasonable.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ali v. College of Physicians and Surgeons, [2013] S.J. No. 54, 2013 SKQB ...

The appellant Regina Qu’Appelle Regional Health Authority sucessfully appealed a lower court decision affirming a tribunal’s decision that the Health Authority acted unreasonably in the treatment of the respondent physician’s disruptive behaviour

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Disruptive behaviour – Penalties and suspensions – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Standard of review – Correctness Regina Qu’Appelle Regional Health Authority v. Dewar, [2013] S.J. No. 9, 2013 SKCA 3, Saskatchewan Court of ...

The individual Appellants, Stuart and Karen Shaw, unsuccessfully appealed a decision of the Respondent Alberta Utilities Commission (the “Commission”). The Commission had approved a new electrical transmission infrastructure project in the county of the Appellants.

22. January 2013 0
Administrative law – Decisions of administrative tribunals – Utilities Commission – Approval process – Public interest – Powers under legislation – Natural resources – Electricity – Transmission – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter Shaw v. Alberta (Utilities Commission), [2012] A.J. No. 1259, 2012 ...

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 Attorney General of Canada successfully appealed a judgment from the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal from the decision affirming a tribunal’s decision that Service Canada had not abused its authority when it advertised to fill a position that respondent claimed was not a new position and ought not to have been advertised.

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employee classification – Abuse of public authority – Labour law – Government – Employees – Employment law – Appointment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Canada v. Kane, [2012] S.C.J. No. 64, 2012 SCC ...

The appellant challenged a finding on a statutory appeal that a letter to the editor did not constitute hate speech. The Court of Appeal dismissed the appeal, finding that the letter to the editor was on a matter of public interest and, even if offensive, did not constitute hate speech and was protected as expression of opinion.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual orientation – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Compliance with legislation – Evidence – Standard of review – Correctness Lund v. Boissoin, [2012] A.J. No. 1036, 2012 ABCA 300, Alberta Court ...

The appellants appealed from a judicial review decision that upheld a tribunal finding that because a worker’s claim was not compensable under the legislation, the claim did not arise out of and in the course of employment. The Court of Appeal allowed the appeal, finding that the tribunal’s interpretation imposed a construction that was contrary to the legislative intent and at odds with the factual realities of the situation. The court substituted its own determination on the substance of the claim.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – In and out of the course of employment – Statutory provisions – Psychological injury – Stress claims – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Legislative intent – Standard of ...