The standard of review of a decision of the Insurance Councils Appeal Board of Alberta, finding misrepresentation, fraud, deceit, untrustworthiness or dishonesty, on the part of a person licensed to sell life insurance in Alberta, is reasonableness

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Insurance Councils Appeal Board – Jurisdiction – Insurance brokers – Permits and licences – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness – Compliance with legislation – Interpretation of legislation – Privative clauses Roy v. Alberta (Insurance Councils Appeal ...

The Manitoba Court of Appeal dismissed an appeal brought by the Appellant Manitoba Public Insurance Corporation from a decision of the Automobile Injury Compensation Appeal Commission. The Commission allowed the Respondent injured motorist to continue receiving income replacement benefits. The Commission allowed her appeal on several alternate grounds. A case manager for the Appellant terminated her income replacement benefits and the Respondent had appealed to the Commission. On appeal, the Court of Appeal dismissed the appeal because the Appellant had not challenged all of the alternate grounds upon which the Commission allowed the Respondent’s appeal.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Automobile Injury Compensation Appeal Commission – Judicial review – Compliance with legislation – Interpretation of legislation – Fresh evidence – Mootness – Public interest – Standard of review – Correctness Shier v. Manitoba Public Insurance Corp., [2008] M. J. No. 305, Manitoba Court of Appeal, September 8, ...

Petro-Canada was successful in its application for judicial review of a decision made by a Workers’ Compensation Board (“WCB”) Review Officer finding that it had obligations as an “employer” under section 115 of the Workers Compensation Act., R.S.B.C. 1996 c. 492 (the “Act”) to ensure the health and safety of workers employed by the operators of two of its service stations.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Employer – definition – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Petro-Canada v. British Columbia (Workers’ Compensation Board), [2008] B.C.J. No. 1366, British Columbia Supreme Court, July 18, 2008, T.J. Melnick J Petro-Canada is engaged in the ...

The Appellant hospital appealed from a decision concluding that the Hospital Privileges Appeal Board had jurisdiction to hear the Respondent doctor’s appeal from a refusal by the hospital’s Operating Room Committee to increase his operating room time. The Court allowed the appeal, finding that the reviewing judge had failed to consider the preliminary question of whether the doctor had, as required, raised an issue of law in order to appeal from the Board’s decision, and also in applying the correctness standard to the Board’s decision. The appropriate standard of review is reasonableness, and the failure of the majority to provide reasons meant it was impossible to determine if the decision was reasonable.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Jurisdiction of tribunal – Physicians and surgeons – Hospital privileges – Appeals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Failure to provide reasons Macdonald v. Mineral Springs Hospital, [2008] A.J. No., 891, Alberta ...

The appeal by Canadian National Railway (CNR) and Canadian Pacific Railway (CPR) from the Canadian Transportation Agency’s (the “Agency”) dismissal of their preliminary objection to the hearing and disposition of an application filed by the Southern Ontario Locomotive Restoration Society (SOLRS) was allowed, the Agency’s decision was set aside and the matter remitted back to the Agency with instruction that it decline to deal with SOLRS’ application for want of jurisdiction. The Agency acted beyond its jurisdiction when it disposed of SOLRS’ application, despite the fact that it was filed after the six month limitation period had expired.

22. July 2008 0
Administrative law – Decisions of administrative tribunals – Transportation Agency – Limitations – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian National Railway Co. v. Canada (Canadian Transport Agency), [2008] F.C.J. No. 862, Federal Court of Appeal, May 29, 2008, Desjardins, Nöel and Blais JJ.A. The ...

The Court dismissed an application for judicial review of a decision of the Ontario Environmental Review Tribunal, which had granted leave to appeal the decisions of two Directors of the Ministry of the Environment granting Certificates of Approval under the Environmental Protection Act. The Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal’s finding that the standard of proof for leave to appeal the Directors’ decision was less than a balance of probabilities. In addition, the Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal to grant leave to appeal.

22. July 2008 0
Administrative law – Decisions of administrative tribunals – Environmental Review Board – Ministerial decisions – Environmental issues – Judicial review – Appeals – Leave to appeal – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No., 2460, ...

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. ...

Where a governmental body delegates powers to a third party and issues licences to employees of that third party to carry out delegated tasks, the awarding and revocation of licences is subject to the principles of administrative law and the requirements for procedural fairness. While such delegation is an authorization and the licensee holds a public office of sorts, this does not imply that the licence holder is a “public office holder”.

27. May 2008 0
Administrative law – Judicial review – Permits and licences – Motor vehicle inspection – Public officer – Delegated authority – Compliance with legislation – Public safety – Procedural requirements and fairness Societe de L’Assurance Automobile du Quebec v. Cyr, [2008] S.C.J. No. 13, Supreme Court of Canada, March 28, 2008, McLachllin C.J. and Bastarache, Binnie ...

A psychiatric patient (“SMT”) was unsuccessful in having the Court overturn a decision of the Consent and Capacity Board where the Court found that it was not unreasonable for the Board to find that SMT was incapable with respect to treatment based on the evidence before it

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Mental health – Substitute decision maker – Adult in need of protection – Capacity – Compliance with legislation – Judicial review – Standard of review – Correctness – Charter of Rights and Freedoms S.M.T. v. Abouelnasr, [2008] O.J. No. 1298, Ontario Superior ...

The Court ordered that a publication ban relating to an assessor’s report of Dr. Menon’s practice be dissolved where it was not satisfied that Dr. Menon had established that the salutary effects of the continuing ban outweighed its deleterious effects

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Publication ban – Physicians and surgeons – Disciplinary proceedings – Competence – Suspensions – Judicial review – Disclosure – Evidence – Compliance with legislation Menon v. College of Physicians and Surgeons of New Brunswick, [2008] N.B.J. No. 124, New Brunswick Court ...