An employee’s claim against her former employer under the Ontario Pay Equity Act was barred by virtue of the release and settlement executed by the employee upon her termination

22. March 2005 0
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 ...

Applications for judicial review were brought on three issues: (1) is the Copyright Act section imposing levies on recordable media using for copying music constitutional or is this set of levies actually a system of taxation? (2) is the zero-rating program, under which certain groups of purchasers of recordable media are excused from paying the private copying levies permissible, and should it be taken into account when the Canadian Private Copying Collective (“CPCC”) sets levies? and (3) are MP3 players and/or their embedded memory properly subject to levies under the Act? The Court of Appeal dismissed the first two applications for judicial review and allowed the third, finding that the Act did not contain authority for the imposition of levies on MP3 player embedded memory

22. February 2005 0
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 ...

A Superintendent of Motor Vehicles-delegated adjudicator decision that a driver (“Taylor”) was issued a valid breathalyzer demand prior to being suspended was restored on the Superintendent’s appeal from a judgment which had remitted the matter to a delegate of the Superintendent for disposition

22. February 2005 0
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, ...

An application for judicial review pertaining to a decision made by the Commissioner of the Financial Consumer Agency of Canada was allowed as the Court found that the Commissioner breached the rules of natural justice as particularized in the Financial Consumer Agency of Canada Act

25. January 2005 0
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 ...

The decision of a delegate of the Information and Privacy Commissioner for British Columbia which ordered the British Columbia Archives to process a request made pursuant to the Freedom of Information and Protection of Privacy Act for production of the incomplete draft report of the Smith Commission of Inquiry into the affairs of the Nanaimo Commonwealth Holding Society was quashed by the Court as the Court held that the report was a draft decision of a person acting in a judicial or quasi-judicial capacity and was therefore immune from production by virtue of section 3(1)(b) of the Act

25. January 2005 0
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. ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
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 ...

The Ontario Court of Appeal allowed this appeal of the Divisional Court’s decision on a judicial review of a decision of Ontario’s Information and Privacy Commissioner. The Court of Appeal upheld the Commissioner’s decision with respect to section 21(5) of the Freedom of Information and Protection of Privacy Act and the test to be applied when the head of a Provincial institution, who cannot disclose the contents of a record because that would constitute an unjustified invasion of personal privacy, seeks to respond to a request for information by refusing to confirm or deny the very existence of the record.

25. January 2005 0
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, ...

The court held that the Minister’s determination that there had not been a previous commitment to the Appellant with respect to a snow crab licence and that the condition respecting commencement of the processing operations had not been met were contrary to the overwhelming weight of the evidence and ought to be set aside. The matter was remitted back to the Minister for reconsideration.

28. December 2004 0
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, ...

The Respondent City did not have a statutory duty under the Municipal Government Act to supply utility services to parcels of land beyond its municipal boundaries

28. December 2004 0
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 ...

The Minister’s decision not to order an environmental impact assessment with respect to the Appellant’s proposal to enlarge a ski resort was found to be patently unreasonable and quashed. The matter was ordered to be returned to the Director for determination in accordance with the legislation.

28. December 2004 0
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 ...