The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...

Judicial review from Minister’s review of seizure of animals under Animal Protection Act

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Animals – Seizure and disposition of animals – Judicial review – Compliance with legislation – Interpretation – Standard of review – Correctness Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 NSSC 171, Nova Scotia Supreme Court, June 10, 2015, M.J. Wood ...

The plaintiff homeowner (Mr. Glaspell) took issue with his neighbour’s construction of a dock and boathouse on Big Cedar Lake. Mr. Glaspell commenced an action against several parties. He then brought a partial motion for summary judgment against some of the defendants seeking declarations with respect to the regulation of docks and boathouses constructed on Ontario lakes. The Court held that the defendant (the Corporation of the Township of North Kawartha) did have jurisdiction to enact and apply by-laws to these structures. The Court also held that occupancy permits and work permits were necessary for these structures.

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Natural resources – Water – Municipalities – By-laws – Power to enact by-laws – Planning and zoning – Building permits – Judicial review – Compliance with legislation – Jurisdiction Glaspell v. Ontario (Minister of Municipal Affairs and Housing), [2015] O.J. No. 3246, 2015 ONSC 3965, Ontario ...

The central issue on this judicial review application was the manner in which statutory action and holiday pay on earned commissions was treated in the employee’s employment contract

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Remuneration – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Patent unreasonableness Brandt Tractor Ltd. v. Claypool, [2015] B.C.J. No. 941, 2015 BCSC 759, British Columbia Supreme Court, May 11, 2015, P.W. Walker J. ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...

Application for judicial review of decision of Registrar of Motor Dealers refusing salesperson’s licence

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Compliance with legislation – Public interest – Competence – Standard of review – Reasonableness simpliciter Fryer v. British Columbia (Motor Vehicle Sales Authority), [2015] B.C.J. No. 325, 2015 BCSC 279, British Columbia Supreme Court, February 13, ...

This matter concerns an appeal from the dismissal of a petition for judicial review of a decision of the Human Rights Tribunal (“Tribunal”) refusing to accept the appellants’ complaint for filing because it was not filed in time. The appeal was dismissed by the B.C. Court of Appeal.

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights  complaints – Discrimination – Race – Continuing contravention – Judicial review – Limitations – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Chen v. Surrey (City), [2015] B.C.J. No. 257, 2015 BCCA 57, British Columbia Court of ...

Alberta Court of Appeal upholds a decision from the Council of the Alberta Association of Architects (“Association”) that held: (i) an architect engaged in architectural practice without Association registration is not immune from regulatory discipline and (ii) an architect that de-registers with the Association after a complaint has been filed but prior to a disciplinary proceeding is not immune from prosecution and sanction

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Governance – Disciplinary proceedings – Professional misconduct – De-registration – Unauthorized practice – Public interest – Judicial review – Compliance with legislation  – Procedural requirements and fairness – Bias Ho v. Alberta Assn. of Architects, [2015] A.J. No. 186, 2015 ABCA ...

A bus driver who was required to retire at age 65 made a human rights complaint alleging discrimination. A Nova Scotia Board of Inquiry under the Human Rights Act found discrimination, but the School Board successfully appealed from this determination.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Age – Mandatory retirement – Labour law – Collective agreements – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Tri-County Regional School Board v. Nova Scotia (Human Rights Board of Inquiry), [2015] ...