The Federal Court of Appeal overturned a lower court decision in respect of access to a legal advice memorandum commissioned by the Canadian government regarding a series of Access to Information Requests. Solicitor-client privilege was held to apply to prevent the Commissioner from accessing the memo.

26. July 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Access to information – Production of records – Prime Minister’s Office – Legal memorandum – Solicitor-client privilege – Judicial review – Compliance with legislation – Standard of review – Correctness Canada (Attorney General) v. Canada (Information Commissioner), [2005] F.C.J. No. 926, Federal Court of Appeal, ...

The Court allowed the Plaintiffs’ motion for an injunction that prevented the Defendant School Board from tabling or debating a motion for closure of three particular schools without further leave of the Court. The Court dismissed the Defendant’s application to strike the pleadings.

28. June 2005 0
Administrative law – Schools – Closures – Parental rights – Remedies – Injunctions – Interlocutory injunctions – Availability – Test – Judicial review – Compliance with legislation Bellamy v. Edmonton Public School Board No. 7, [2005] A.J. No. 526, Alberta Court of Queen’s Bench, May 10, 2005, Hillier J. The Plaintiffs were parents of students currently attending ...

The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

The Court of Appeal reversed the order of the executive of the Saskatchewan Teachers’ Federation (“STF”) and set aside the finding that a school principal (“Casavant”) was guilty of professional misconduct and/or conduct unbecoming to a teacher where the Court found that the report tendered to the executive by the Professional Ethics Committee (the “Committee”) was inadequate

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Teachers Federation – Appeals – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Reasons – Report adequacy of – Compliance with legislation Casavant v. Saskatchewan Teachers’ Federation, [2005] S.J. No. 257, Saskatchewan Court of Appeal, April 21, 2005, Cameron, Lane and Richards JJ.A. ...

The Court dismissed an application for judicial review of the Appeals Commission’s decision to overturn a decision of the Workers Compensation Board and the finding that a worker’s psychiatric illness was caused by his employment and was compensable

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Psychological injury employment related – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. 233, Alberta Court of Queen’s Bench, March 7, 2005, Moen J. The Respondent, ...

The Appellants did not have the right to bypass the Administrative Tribunal of Quebec since that body had exclusive jurisdiction to hear appeals in respect of entitlement to minority language education, and that administrative appeal process could not be circumvented

24. May 2005 0
Administrative law – Charter of Rights – Discrimination – Human rights complaints – Language rights – Judicial review application – Quasi-judicial tribunals – Jurisdiction – Appeal process – Compliance with legislation – Remedies – Charter relief Okwuobi v. Lester B. Pearson School Board; Casimir v. Quebec (Attorney General); Zorilla v. Quebec (Attorney General), [2005] S.C.J. No. 16, Supreme ...

The decision of the Respondent to negotiate and enter into a contract with various companies for the provision of health care services did not fall within the definition of statutory power and therefore the Petitioner did not come within the provisions of the Judicial Review Procedure Act and the petition was dismissed

24. May 2005 0
Administrative law – Government – Contract to provide health services – Outsourcing – Validity – Judicial review application – Parties – Statutory powers – Compliance with legislation British Columbia Government and Services Employees’ Union v. British Columbia (Minister of Health Services), [2005] B.C.J. No. 650, British Columbia Supreme Court, March 23, 2005, Melvin J. The Petitioner ...

The Saskatchewan Cities Act states that an appeal from the decision of City Council must be brought within 30 days of the date the decision was made and the court was therefore without jurisdiction to consider the Applicant’s appeal as it was commenced 37 days after this date

24. May 2005 0
Administrative law – Municipalities – Appeals – Jurisdiction – Limitations – Judicial review – Compliance with legislation Markwart v. Prince Albert (City), [2005] S.J. No. 193, Saskatchewan Court of Queen’s Bench, March 23, 2005, Klebuc J. The Applicants brought, amongst other things, an appeal pursuant to section 329(4) of the Saskatchewan Cities Act for an order quashing ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

26. April 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

The court dismissed an appeal from the Divisional Court which had held that the Respondent Ontario Energy Board’s Gas Distribution Access Rule came within the Board’s jurisdiction and that the Board had followed the process required by its enabling Act in issuing the Rule

22. March 2005 0
Administrative law – Natural resources – Natural gas – Distribution – Powers under legislation – Ultra vires – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Standard of review – Correctness Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2005] O.J. No. 33, Ontario Court of Appeal, January 11, 2005, M.A. Catzman, D.H. ...