Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

The Court of Appeal allowed an Appeal of a decision of the B.C. Supreme Court, which had found that a decision of the Workers’ Compensation Appeal Tribunal, that the Appellant was injured in the course of his employment, was patently unreasonable. In making its finding, the Court of Appeal found that the B.C. Legislature had not, by enacting sections 58 and 59 of the Administrative Tribunal’s Act, stepped outside its legislative competence and infringed on a constitutional guarantee of judicial review for the superior courts. Moreover, the effect of the Supreme Court of Canada’s decision in Dunsmuir v. New Brunswick was not to change the meaning of patently unreasonable. The application judge, while referring to the correct approach to factual issues, impermissibly weighed the evidence and moved outside the definition of patently unreasonable.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Worker – definition – Legislation – Constitutional issues – Ultra vires – Judicial review – Jurisdiction of court – Standard of review – Patent unreasonableness – Evidence Manz v. British Columbia (Workers’ Compensation Appeal Tribunal), [2009] B.C.J. No. 464, British ...

The Petitioner, Asquini, brought a judicial review application in respect of the decision made by the Workers’ Compensation Appeal Tribunal (WCAT). The WCAT had denied the Petitioner’s appeal of the Workers’ Compensation Board (WCB) decision to deny him a loss of earnings pension. The Petitioner argued that the WCAT decision should be quashed for several reasons, including an argument that the vice chair in the WCAT was biased and there were errors in interpreting WCB policies. The Petition was dismissed.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Pensions – Eligibility – Legislation – Constitutional issues – Ultra vires – Judicial review – Compliance with legislation – Bias Standard of review – Patent unreasonableness Asquini v. British Columbia (Workers’ Compensation Appeal Tribunal), [2009] B.C.J. No. 89, British Columbia Supreme ...

The appeal by the Yellowknife Public Denominational District Education Authority (the “Board”) was dismissed where the court found that there was no statutory authority in the Northwest Territories, express or implied, requiring that a candidate for trustee of a Catholic public denominational school board be Catholic

24. February 2009 0
Administrative law – Decisions of administrative tribunals – School boards – Composition – Compliance with legislation – Human rights complaints – Religion – Legislation – Constitutional issues Yellowknife Public Denominational District Education Authority v. Euchner, [2008] N.W.T.J. No. 95, Northwest Territories Court of Appeal, December 12, 2008, C.A. Fraser C.J.N.W.T., C.M. Conrad and C. O’Brien ...

Federal Court decided that it did not have the jurisdiction to review the correctness of a decision made by the Canada Border Services Agency (“CBSA”) to collect a Liquor Control Board of Ontario (“LCBO”) mark-up on bottles of wine purchased in the United States, on the basis that such review would require the Court to interpret the provisions of provincial law and the relevant contractual instruments, a task which fell outside the jurisdictional confines of s. 18 of the Federal Courts Act

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Border Service Agency – Jurisdiction of court – Judicial review – Parties – Compliance with legislation – Constitutional issues – Federal and provincial legislation Anisman v. Canada (Border Services Agency), [2008] F.C.J. No. 1660, Federal Court, November 21, 2008, Barnes J. Mr. Anisman (the “Applicant”), brought a ...