Court Ordered Minister of Agriculture to Review Inspector’s Decision to Seize and not return Animals to their Owner

26. October 2016 0
Judicial review from Minister’s review of seizure of animals under Animal Protection Act. Administrative law – Animals – Compliance with legislation – Correctness – Decisions of administrative tribunals – Interpretation – Judicial Review – Ministerial orders – Seizure and disposition of animals – Standard of Review Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. ...

School’s prayer policy discriminated against the belief of Sunni Muslim students

26. October 2016 0
Appeal from decision under Alberta Human Rights Act that school discriminated against students by prohibiting them from performing prayer on campus. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Duty to Accommodate – Failure to provide reasons – Human Rights Commission – Human rights complaints – Judicial Review – ...

Repair and maintenance of a motor vehicle falls within “use of motor vehicle” under Workplace Health, Safety and Compensation Commission Act

25. October 2016 0
Application by worker for judicial review of decision of Workplace Health, Safety and Compensation Commission regarding statutory exception for civil actions under the Workplace Health, Safety and Compensation Commission Act. Administrative law – Bias – Compliance with legislation – Decisions of administrative tribunals – immunity from civil actions exceptions – Judicial Review – Workers Compensation ...

Unsuitability finding to discharge RCMP officer in place of a disciplinary sanction was unreasonable

26. August 2016 0
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...

Court of Appeal reviews the Standard of proof applicable to a finding of misconduct under Ontario Police Services Act

The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...

Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...

Court did not intervene in Service New Brunswick’s decision to close a service centre

21. June 2016 0
Application for judicial review from discretionary ministerial decision to close government office. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Government – Government funding of programs – Judicial Review – Ministerial orders – Natural Justice – Procedural requirements and fairness Saint‑Quentin (Municipality) v. New Brunswick (Minister of Government Services), [2016] N.B.J. No. 65, 2016 ...

The Director of Adoption has no statutory authority outside British Columbia to control the process of adoption

21. June 2016 0
Judicial review of decision by the British Columbia Director of Adoption to place a child for adoption with prospective adoptive parents who were residents of Alberta. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Declaratory relief – Director of Adoption – Judicial Review – Legislation – Reasonableness simpliciter – Remedies – ...

Interim practice conditions ordered by College of Massage Therapists were upheld despite complainant’s unsubstantiated allegations

21. June 2016 0
After a client reported sexual misconduct by a massage therapist, which the registrant denied, the inquiry committee at the college ordered that he be required to have a chaperone present during all treatments of female patients while the committee investigated the allegations. The registrant sought judicial review of this decision, arguing in part that there ...