The Court restored the Canadian Transportation Agency’s decision to order Via to implement remedial measures with respect to certain of its railway cars that were inaccessible to persons with disabilities using personal wheelchairs. The Agency had approached and applied its mandate reasonably and its decision was entitled to extreme deference. Via’s right to procedural fairness had not been breached.

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Accessibility standards – Human rights complaints – Disability – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness – Standard of review – Patent unreasonableness Council of Canadians with Disabilities v. Via Rail Canada Inc., [2007] S.C.J. No. 15, Supreme Court ...

Flora was unsuccessful in his appeal from a decision of the Health Services Appeal and Review Board (the “Board”) confirming the decision of the Ontario Health Insurance Plan (“OHIP”) refusing to reimburse Flora for the cost of treatment he received in England

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Health authorities – Out of jurisdiction treatment – Reimbursement – Insured services – Charter of Rights and Freedoms – Judicial review – Compliance with legislation Flora v. Ontario (Health Insurance Plan, General Manager), [2007] O.J. No. 91, Ontario Superior Court of Justice, January 15, 2007, E.I. MacDonald, G.J. Epstein ...

A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.

27. March 2007 0
Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Province may be ordered to pay compensation under the Human rights legislation to a person who has been found to have been discriminated against by a government employee exercising statutory authority. The Court held that s.69 of the Administrative Tribunals Act (the “Act”) applied to all judicial review proceedings decisions of the British Columbia Human Rights Tribunal heard by the Court after October 15, 2004.

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Jurisdiction – Compliance with legislation – Continuing contravention – Damages – Crown immunity – Standard of review – Correctness British Columbia v. Bolster, [2007] B.C.J. No. 192, ...

The Court dismissed an appeal from a judicial review decision which had held that the British Columbia Human Rights Tribunal had erred when it found that it had jurisdiction to hear the complaint of some female members of a private golf club who were excluded from the men’s lounge. The Court found that the services provided in the men’s lounge were not customarily available to the public and therefore, s.8 of the Human Rights Code did not apply and the Tribunal did not have jurisdiction to hear the complaint.

27. February 2007 0
Administrative law – Human Rights Complaints – Discrimination – Gender – Sexual orientation – Customarily available to the public – Compliance with legislation – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Judicial review – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2007] B.C.J. No. 37, British ...

The appeal by a manufacturer of “sandwich panels” used in the construction of solariums or sunrooms (“Craft-Bilt”) of the refusal of the Chief Building Officer of the City of Toronto to issue building permits for three properties was allowed where the Court found that it was beyond the power of the municipality to eliminate a means of approval for materials and design that was mandated by the Legislature

23. January 2007 0
Administrative law – Municipalities – Permits and licences – Building permits – Powers under legislation – Legislation – Ultra vires – review – Compliance with legislation – Standard of review – Correctness Craft-Bilt Materials, Ltd. v. Toronto (City), [2006] O.J. No. 4710, Ontario Superior Court of Justice, November 15, 2006, H.M. Pierce J. Craft-Bilt sought to use ...

An application for judicial review of a Bylaw passed by the Respondent City of Red Deer to regulate drinking establishments was dismissed. The Bylaw was not ultra vires the Municipal Government Act. The City enacted the Bylaw for municipal purposes and without ulterior motive. The Bylaw did not confer unlimited or illegal power. The Bylaw did not result in a duplication of powers under the Gaming and Liquor Act because that legislation did not address safety concerns that were particular to a specific community. The delegation permitted by the Bylaw was administrative and was therefore legal.

28. November 2006 0
Administrative law – Municipalities – Legislation – By-laws – Ultra vires – Permits and licences – Fees – Judicial review – Compliance with legislation – Powers of delegated authority – Jurisdiction – Standard of review – Correctness Passutto Hotels (1984) Ltd. v. Red Deer (City), [2006] A.J. No. 1100, Alberta Court of Queen’s Bench, September 5, 2006. ...

An appeal by Global Securities from a decision of the Securities Exchange Commission Panel was dismissed. Although the Hearing Panel itself could not make submission on the merits of its own decision, the Exchange was not precluded from doing so. The Commission’s decision on standing was reasonable, as it was based on the principle that the decision directly affected the Exchange, as it engaged one of the Exchange’s primary functions, the prosecution of infractions.

28. November 2006 0
Administrative law – Stock brokers – Decisions of administrative tribunals – Securities Commission – Review of a decision of its own disciplinary panel – Hearings – Parties – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Global Securities Corp. v. British Columbia (Executive Director, Securities Commission), [2006] B.C.J. No. 2075, British Columbia Court ...

The petitioning companies successfully applied for judicial review of a decision of the Board of Variance allowing a third-party appeal of a decision to approve development permit applications where the Court held that the legislation did not create a general right of appeal for third parties to challenge the decision of the Director of Planning

28. November 2006 0
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Board of Variance – Third parties – Appeals – review – Compliance with legislation Richard Niebuhr Enterprises Ltd. (c.o.b. Niebuhr Constructions) v. Vancouver (City) Board of Variance, [2006] B.C.J. No. 2144, British Columbia Supreme Court, September 21, 2006, Goepel J. The petitioning companies ...