Administrative law – Employment law – Termination of employment – Pay equity – Decisions of administrative tribunals – Human rights complaints – Discrimination – Wage disparity – Settlements – Releases – Validity – Judicial review – Compliance with legislation – Standard of review – Correctness Bucyrus Blades of Canada Ltd. v. McKinley, [2005] O.J. No. 231, Ontario Superior Court ...
Administrative law – Intellectual property – Copyright – Levies and taxes – Recorded music – Decisions of administrative tribunals – Copyright Board – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Canada (Canadian Private Copying Collective) v. Canadian Storage Media Alliance, [2004] F.C.J. No 2115, Federal Court of Appeal, December ...
Administrative law – Motor vehicles – Refusal of breathalyzer test – Adjudication – Evidence – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Taylor v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 2613, British Columbia Court of Appeal, December 8, 2004, Lambert, Newbury and Saunders JJ.A. On March 27th, ...
Administrative law – Decisions of administrative tribunals – Financial Consumer Agency – Natural justice – Judicial review – Procedural requirements and fairness – Compliance with legislation MBNA Canada Bank v. Canada (Financial Consumer Agency), [2004] F.C.J. No. 2037, Federal Court of Appeal, November 26, 2004, Von Finckenstein J. The appellant, MBNA Canada Bank (“MBNA”), was an issuer ...
Administrative law – Freedom of information and protection of privacy – Disclosure of draft report – Immunity of person acting in quasi-judicial capacity – Decisions of administrative tribunals – Privacy commissioner – Judicial review – Standard of review – Correctness – Compliance with legislation British Columbia (Attorney General) v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. ...
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...
Administrative law – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Invasion of personal privacy – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Minister of Health and Long-Term Care) v. Ontario (Assistant Information and Privacy Commissioner), [2004] O.J. No. 4813, Ontario Court of Appeal, ...
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Abuse of ministerial discretion – Decisions of administrative tribunals – Ministerial orders – Judicial review – Evidence – Standard of review – Patent unreasonableness St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2004] N.J. No. 336, ...
Administrative law – Municipalities – Utility services – Judicial review – Compliance with legislation – Remedies – Mandamus Landrex Developers Inc. v. St. Albert (City), [2004] A.J. No. 1116, Alberta Court of Queen’s Bench, October 8, 2004, Greckol J. The Applicants brought an application for an order in the nature of mandamus to compel the City of ...
Administrative law – Environmental issues – Environmental impact assessment – Decisions of administrative tribunals – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Castle-Crown Wilderness Coalition v. Flett, [2004] A.J. No. 1128, Alberta Court of Queen’s Bench, July 2, 2004, Kenny J. The Applicant Wilderness Coalition applied for judicial ...