The Court of Appeal remitted the matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Failure to provide reasons – Limitations McLean v. British Columbia (Securities Commission), [2011] B.C.J. No. 2124, 2011 BCCA 455, British Columbia ...

The Registrar of Motor Vehicles’ interpretation of its enabling statute was not entitled to deference and is reviewable on a standard of correctness. Where there is an apparent discrepancy between a statutory provision and a regulation as to which vehicles qualify as “special mobile equipment”, the statutory definition must prevail. When there is an ambiguity in the interpretation of a statutory provision, there is a residual presumption in favour of taxpayers.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Registrar of Motor Vehicles – Permits and licences – Motor vehicles – Special mobile equipment – definition – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Carter Brothers Ltd. v. New Brunswick (Registrar of Motor Vehicles), [2011] N.B.J. No. 304, ...

The Registrar of Mortgage Brokers (the Appellant) successfully appealed a decision of the Supreme Court relating to the application of section 22(7) of the Mortgage Brokers Act to Mr. Westergaard’s (the Respondent) application for registration

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Licence to practice – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness – Reasonableness simpliciter Westergaard v. British Columbia (Registrar of Mortgage Brokers), [2011] B.C.J. No. 1531, 2011 BCCA 344, British Columbia ...

The Court set aside and remitted back to a re-hearing the decision of British Columbia Human Rights Tribunal which had found that sexual harassment constituted discrimination based on sex

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Sexual harassment – Judicial review – Standard of review – Correctness – Compliance with legislation Friedmann v. MacGarvie, 2011 BCSC 1147, [2011] B.C.J. No. 1613, British Columbia Supreme Court, August 24, 2011, L.W. Bernard J. For approximately ...

The Alberta Court of Appeal held that the Energy Resources Conservation Board’s decision to reject expert evidence submitted after the deadline was a proper exercise of its discretion under the Energy Resources Conservation Act

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Energy Resources Conservation Board – Environmental matters – Oil wells – Protections of species – Evidence – Expert reports – Admissibility – Appeals – Leave to appeal – review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Correctness ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

A man (“Leonard”) employed to work on the Hibernia Oil Platform, appealed from a decision of the Human Rights Commission (the “Commission”) dismissing his complaint that his employer (Noble”) discriminated against him on the basis of a perceived drug addiction

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Employer’s policies – Judicial review – Evidence – Standard of review – Correctness – Reasonableness simpliciter Leonard v. Newfoundland and Labrador (Human Rights Commission), [2011] N.J. No. 113, 2011 NLTD(G) ...

In a judicial review proceeding, the Nova Scotia Supreme Court declined to exercise its power to quash a decision made by the Assistance Appeal Board which awarded a mother of a special needs child increased funding to pay personal care workers for their assistance with her son. This was notwithstanding the existence of a directive that limited the amount of funding available for respite help.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Government – Funding of programs – Social assistance – Home care for disabled – Judicial review – Compliance with legislation – Standard of review – Correctness   Nova Scotia (Department of Community Services) v. Boudreau, [2011] N.S.J. No. 193, 2011 NSSC 126, Nova Scotia ...

The Court quashed two decisions made by members of the Saskatchewan Human Rights Tribunal ordering a Tribunal inquiry into the respondents’ age discrimination complaints. The complaints had initially been refused an inquiry by the Human Rights Commissioner and the Court was of the view that had that decision been overturned, it would have undermined the legislative intention at the time the age discrimination was alleged as well as when the legislation was amended.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Judicial review – Compliance with legislation – Standard of review – Correctness – Labour law – Collective agreements – Statutory interpretation – Retrospective and retroactive operation University of Regina v. Kly, [2011] S.J. No. 141, ...

The Alberta Court of Appeal overturned the chambers judge’s decision dismissing the appellant’s application for judicial review of the Respondent’s decision denying her health benefits. The court of appeal held that the Respondent’s decision did not properly explain its reasons for preferring certain medical evidence over others, and therefore lacked transparency, and intelligibility and was unreasonable.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Psychological injury – employment related – Evidence – Standard of review – Reasonableness simpliciter – Correctness Sharif v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 206, 2011 ABCA 75, Alberta Court of Appeal, March 4, 2011, E.I. Picard, ...