A tenant in a Metro Vancouver Housing Corporation townhouse applied for judicial review of the decision of a dispute resolution officer who found that a 10-day notice to end tenancy for unpaid rent, under Section 46(1) of the Residential Tenancy Act should be upheld with the result that the tenant would lose possession

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Discretion of court – Landlord and tenant – Residential tenancy agreements – Termination – Vacation notices – Conduct of tenant – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Remedies – Relief from ...

A driver’s judicial review of a decision that he was out of time to review a 24-hour driving prohibition was dismissed

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Adjudication – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter MacNeil v. British Columbia (Superintendent of Motor Vehicles), [2012] B.C.J. No. 1795, 2012 ...

A 54 year old man applied for judicial review of a decision of the Employment and Assistance Appeal Tribunal, which had upheld the decision of the Minister of Social Development denying him a ‘persons with disabilities’ designation. His petition was dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Employment and Assistance Appeal Tribunal – Persons with disabilities – Severe – definition – Judicial review – Compliance with legislation – Failure to provide reasons – Evidence – Standard of review – Patent unreasonableness Garbutt v. British Columbia (Minister of Social Development), [2012] B.C.J. No. 1805, 2012 ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The Applicant physician was partially successful in seeking a declaration from the Respondent College relating to the status of his license practice medicine in New Brunswick.

23. October 2012 0
Administrative law – Decisions of administrative tribunals –  College of Physicians and Surgeons – Physicians and Surgeons – Governance –  Licence to practice – Statutory provisions – Interpretation – Judicial review  –  Compliance with legislation Houshmand v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 324, 2012 NBQB 293, New Brunswick Court ...

A partner in a limited liability partnership is not an employee of the partnership for the purpose of claiming protection of human rights legislation from age discrimination. The British Columbia Human Rights Tribunal and the Supreme Court, on judicial review, decided that for the purposes of human rights legislation, a partnership may be treated as a separate legal entity from its partners and as the employer of the partner, resulting the Tribunal having jurisdiction to hear a complaint by a partner of discrimination in his employment. On appeal by the partnership, the Court of Appeal found that the principles of interpretation of the Human Rights Code, RSBC 1996, c.210, which mandated a broad, liberal approach consistent with its remedial purposes, do not extend to overriding the fundamental and well-established principle of law that a partnership, is not, in law, a separate entity but a collective of its partners. As such, it cannot in law be an employer of a partner. The Tribunal had no jurisdiction to hear the complaint and the appeal was allowed.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Statutory interpretation – Employment law – Employee – definition – Partnerships – Mandatory retirement – Judicial review – Jurisdiction – Compliance with legislation Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), [2012] B.C.J. ...

The Court of Appeal held that the College’s failure to provide sufficient notice to a registrant regarding a complaint against him did not constitute a breach of procedural fairness as the College’s duty is only invoked once an inquiry lawfully begins. Further, there were no exceptional circumstances which justified a judicial review while the registrant had an alternate, statutory remedy which he declined to exercise.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Massage Therapists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Availability – Jurisdiction – Compliance with legislation – Natural justice – Procedural requirements and fairness – Notice requirements – Appeals – Remedies – Alternative remedies ...

The Court held that a rehearing and decision rendered by a final authority in a Canadian Forces grievance did not rectify the error committed by the initial authority and therefore the grievor was denied procedural fairness. The applicant was severely injured while driving to activate her Family Care Plan which she had been requested to prepare by the Canadian Forces. She applied for disability benefits which were denied by the Department of Veterans Affairs. The applicant filed a grievance which was referred to the Director General, Personnel and Family Support in error. The applicant then chose to have the matter referred to the final authority which upheld the dismissal. The Court held that the decision was not fully informed, and that the board failed to consider all the appropriate circumstances and precedents in reaching its decision.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Military Committees – Grievances – Government – Pensions – Eligibility – Employment law – Government employees – Benefits – Policies – In and out of the course of employment – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Fawcett v. Canada (Attorney ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The Ontario Municipal Board awarded the former owners of expropriated property $3,700,000 for the market value of the expropriated property and $767,000 for the loss in value of properties not expropriated. This decision was upheld by the Divisional Court. The City of Windsor (the “City”) successfully appealed the decision of the Divisional Court which upheld the decision made by the Ontario Municipal Board (the “Board”).

28. August 2012 0
Administrative law – Municipalities – Expropriation – Planning and zoning – Property assessment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Remedies – Damages Windsor (City) v. Paciorka Leaseholds Ltd., [2012] O.J. No. 2822, 2012 ONCA 431, Ontario Court of Appeal, June 22, 2012, D.H. Doherty and H.S. ...