The Court dismissed an appeal from the decision of the judge on judicial review who had upheld a decision of the Occupational Health and Safety Council finding that the Appellant had been dismissed from his employment for insubordination and not for raising a safety concern

24. January 2006 0
Administrative law – Employment law – Termination of employment – Judicial review – Privative clauses – Procedural requirements and fairness – Bias – Compliance with legislation – Standard of review – Patent unreasonableness Navrot v. Alberta (Occupational Health and Safety Council), [2005] A.J. No. 1569, Alberta Court of Appeal, November 16, 2005, Hunt, Berger and Ritter, ...

The court held that the B.C. Human Rights Tribunal was without jurisdiction over a complaint arising from the exclusion of women members from the Men’s Lounge at the Marine Drive Golf Club as the Men’s Lounge was not an “accommodations, service or facility customarily available to the public”

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Gender – Private clubs – Customarily available to the public – Definition – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2005] B.C.J. No. 2181, British Columbia Supreme Court, ...

Losenno’s appeal from the dismissal of his application for judicial review of a Human Rights Commission decision not to refer Losenno’s complaint about his former employer to a Board of Inquiry was dismissed where the court found the Commission’s decision was not patently unreasonable

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Commission – Jurisdiction – Settlement offers – Effect of – Refusal to refer to Board of Inquiry – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Losenno v. Ontario (Human Rights Commission), [2005] O.J. No. ...

The purported revocation of the Respondents’ motor vehicle dealer licences by the Registrar under the Ontario Motor Vehicle Dealers Act was invalid as the revocation was made without giving the dealers a right to a hearing, which right was absolute under section 7 of the Act

22. November 2005 0
Administrative law – Permits and licences – Suspensions – Compliance with legislation – Decisions of administrative tribunals – Motor Vehicle Dealers – Hearings – Right to hearing Amerato v. Ontario (Motor Vehicle Dealers Act, Registrar), [2005] O.J. No. 3713, Ontario Court of Appeal, September 8, 2005, K.N. Feldman, E.E. Gillese and H.S. LaForme JJ.A. An appeal was ...

The Estate of Gordon Stiles (the “Estate”) was denied its application for leave to appeal the decision of the Alberta Energy and Utilities Board (the “Board”) which denied the Estate’s review of its earlier decision to grant Esprit Exploration Ltd. (“Esprit”) a licence to drill a well on the land adjoining the lands owned by the Estate

22. November 2005 0
Administrative law – Natural resources – Decisions of administrative tribunals – Energy and Utilities Board – Permits and licences – Judicial review – Procedural requirements and fairness – Appeal process – Compliance with legislation – Standard of review – Correctness Stiles Estate v. Alberta (Energy and Utilities Board), [2005] A.J. No. 1245, Alberta Court of Appeal, ...

When interpreting the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267 and its Regulations, the standard of review of the General Manager, Liquor Control and Licensing Branch, was correctness. The General Manager’s interpretation of the food service requirement, which permitted the sale of alcohol so long as the establishment was primarily engaged in the service of food during all hours of operation, was correct. There was sufficient evidence to support the General Manager’s conclusion that patrons of the Petitioner, 532871 B.C. Ltd., carrying on business as The Urban Well, were not consumers of food. The General Manager’s decision on the application of the law to the facts was reviewable on a reasonableness standard.

25. October 2005 0
Administrative law – Permits and licences – Suspensions – Decisions of administrative tribunals – Liquor Licensing Board – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter 532871 B.C. Ltd. (c.o.b. The Urban Well) v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2005] B.C.J. No. 1821, British Columbia Court ...

The Court dismissed an application for judicial review of the Human Rights Commission’s decision to dismiss the Applicant’s allegations of discrimination, but allowed her application with respect to an allegation of retaliation

25. October 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Employment law – Conditions of employment – Decisions of administrative tribunals – Human Rights Commission – Investigations – Evidence – Jurisdiction – Judicial review – Compliance with legislation – Limitations of actions – Procedural requirements and fairness – Standard of review – Correctness Dubois v. Canada (Attorney ...

The Court dismissed an appeal from a reviewing judge’s decision upholding a decision of the chief commissioner of the Alberta Human Rights and Citizenship Commission to refer a complaint to a hearing panel of the Commission. The reviewing judge had correctly found that the chief commissioner’s decision was reasonable.

25. October 2005 0
Administrative law – Human rights complaints – Discrimination – Race – Pay equity – Decisions of administrative tribunals – Human Rights Commission – Jurisdiction – Investigations – Evidence – Role of investigator – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Economic Development Edmonton v. Wong, [2005] A.J. No. 1051, Alberta Court of ...

A father in persistent arrears of a child support order (“G.B.I.”) was unsuccessful in his application for judicial review of a decision by the Director of Maintenance Enforcement (the “Director”), suspending his passport. G.B.I. was also unsuccessful in seeking an order in the nature of mandamus directing the Director to request termination of the licence denial application that was outstanding against him.

27. September 2005 0
Administrative law – Decisions of administrative tribunals – Family Maintenance Enforcement – Suspension of licence for arrears – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter G.B.I. v. British Columbia (Director of Maintenance Enforcement), [2005] B.C.J. No. 1753, British Columbia Supreme Court, August 4, 2005, Ralph J. In 1998, ...

The Court granted an order of mandamus and certiorari to the petitioner employee, finding that the respondent employer failed to comply with a direction of the Public Service Appeal Board concerning its competition process and that the respondent employer had no right to make appointments by lateral transfers in the absence of compliance with the direction of the Appeal Board

24. September 2005 0
Administrative law – Judicial review – Compliance with legislation – Procedural requirements – Remedies – Mandamus – Certiorari Gowman v. Land and Water British Columbia Inc., [2002] B.C.J. No. 2406, British Columbia Supreme Court, October 22, 2002, Owen-Flood J. The respondent posted a competition for seven “Land and Water Manager” positions. The petitioner applied to the ...