The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...
Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...
The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...
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. ...
An application for judicial review of the Human Rights Commission’s decision to direct a complaint for further inquiry by the Tribunal following an investigation was granted because the investigation was not sufficiently thorough. The matter was returned to the investigator with directions. Administrative law – Age – Correctness – Decisions of administrative tribunals – Discrimination ...
Administrative law – Contracts – Interpretation – Legislation – Statutory interpretation – Standard of review – Palpable and overriding error – Correctness Heritage Capital Corp. v. Equitable Trust Co., [2016] S.C.J. No. 19, 2016 SCC 19, Supreme Court of Canada, May 6, 2016, McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown ...
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. 239, 2015 ...
