Administrative law – Judicial review – Compliance with legislation – Appeals – Standard of review – Correctness Morris v. Rivard, [2018] O.J. No. 1016, 2018 ONCA 181, Ontario Court of Appeal, February 26, 2018, P.S. Rouleau, G.T. Trotter, D. Paciocco JJ.A. Alexander Rivard had three children, one son and two daughters. During his lifetime, Mr. ...
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...
This proceeding was a petition for judicial review to determine whether a constable of the Vancouver Police Department (“VPD”) must comply with the requests made by an investigating officer of the Office of the Police Complaints Commission (“PCC”) pursuant to s. 101 of the Police Act, R.S.B.C. 1996, c. 367 (the “Act”). The Court held ...
Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Statutory provisions – Judicial review – Compliance with legislation – Standard of review – Reasonableness Martin v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6159, 2016 ONSC 7364, Ontario Superior Court of Justice – Divisional ...
Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...
The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...
