Two options to calculate compensation in lieu of reinstatement after unjust dismissal

Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

It’s a moot point – when an appeal offers no practical remedy

17. November 2020 0
Administrative law – Decisions reviewed – Municipal boards – Judicial review – Appeals – Mootness – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Costs – Standard of review – Correctness – Municipalities – Power Prince Albert Right to Life Assn v. Prince Albert (City), [2020] S.J. No. 299, 2020 SKCA ...

Costs: clear cases only – an award of costs is in the discretion of the judge or the administrative tribunal that makes the award, and appellate courts will only interfere if there has been an error of principle, or the award of costs is plainly wrong

20. October 2020 0
Administrative law – Decisions reviewed – Farm Practices Board – Bias – Costs – Judicial review – Legislative compliance – Standard of review – Correctness Dell v. Zeifman Partners Inc., [2020] O.J. No. 2783, 2020 ONSC 3881, Ontario Superior Court of Justice, June 23, 2020, K.E. Swinton, N.L. Backhouse and F. Kristjanson JJ. Appeal from ...

The applicable standard of review for human rights complaints and the denial of the opportunity to award costs as a reviewable error

17. December 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...

The Applicant, a lawyer who had been disciplined and disbarred, applied to the court for relief given the Law Society’s unwillingness to direct his application for readmission to the Law Society to the Admissions Committee due to costs owed to the Law Society

21. August 2015 0
A lawyer was disciplined and disbarred, and the costs of the disciplinary hearing were ordered against him. He did not pay the costs and later declared bankruptcy and was subsequently discharged. Several years later he applied for readmission to the Law Society. The Law Society said his application could not be considered by the Admissions ...

The Appellant federal public service employee unsuccessfully appealed a decision of the Federal Court of Canada relating to the Respondent federal public service disclosing her home contact information to the Respondent union representing her bargaining interests.

Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness simpliciter – Costs Bernard v. Canada (Attorney ...

The applicant, Mr. Fisher, applied for judicial review of an order of the Minister of the Department of Environment, Labour and Justice ordering the applicant to pay the costs of remediation services on the applicant’s property

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – Remediation – Costs – Judicial review – Natural justice – Procedural requirements and fairness – Compliance with legislation – Human rights – Charter of Rights and Freedoms Fisher v. Prince Edward Island (Minister of Environment, Labour and Justice), ...

The Nova Scotia Court of Appeal upheld a tribunal decision that suspended a pharmacist for two years for false, illegal prescriptions. Although the suspension was at the higher end of the scale, the Appeal Court found the penalty fell within the range of permissible outcomes under the reasonableness standard of review.

Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Evidence – Jurisdiction of court – Standard of review – Reasonableness simpliciter – Costs Fadelle v. Nova Scotia College of Pharmacists, [2013] N.S.J. No. 90, ...

The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation – Administrative tribunals – Costs – Right to award costs Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2011] S.C.J. No. ...

The Court ordered that a de novo hearing by the Director of Companies (Manitoba) involving fresh evidence was required for accountability and for justice to be seen to be done and further that no costs should be ordered against either the Director or the respondent either by the Court of Appeal or the lower court

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Hearings – Hearing de novo – Judicial review – Failure to provide reasons – Costs Brian Neil Friesen Dental Corp. v. Director of Companies (Manitoba), [2011] M.J. No. 268, 2011 MBCA 71, Manitoba Court of Appeal, August 26, 2011, ...