The Appellant, Mr. Lam, successfully appealed a summary judgment decision made by a motion judge. The motion judge had dismissed his action for damages against the Respondent, University of Western Ontario Board of Governors.

Administrative law – Decisions reviewed – University Appeal Board – Discretion of delegated authority – Judicial review – Appeals – Standard of review – Correctness – Universities – Damages Lam v. University of Western Ontario Board of Governors, [2019] O.J. No. 611, 2019 ONCA 82, Ontario Court of Appeal, February 6, 2019, G.R. Strathy C.J.O., P.D. Lauwers and ...

The plaintiff sought an appeal of the trial decision that awarded him damages for wrongful dismissal but denied his claim for benefit schemes

19. June 2018 0
Administrative law – Judicial review – Appeals – Standard of review – Palpable and overriding error – Correctness – Employment law – Wrongful dismissal – Damages Carroll v. ATCO Electric Ltd., [2018] A.J. No. 460, 2018 ABCA 146, Alberta Court of Appeal, April 17, 2018, J. Watson, B.L. Veldhuis, M. Crighton, JJ.A. The appellant was ...

Residential Tenancy Branch correct in exercising jurisdiction where proceedings concerned an allegation of repeated late rent payments

15. August 2017 0
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...

In overturning the Court of Appeal’s decision, the Supreme Court of Canada clarified that where a court reviews a decision of a specialized administrative tribunal (such as a human rights tribunal), the standard of review must be determined on the basis of administrative law principles, whether the review is conducted in the context of an application for judicial review or of a statutory appeal. The SCC also determined that while the correctness standard of review applied to one aspect of the tribunal’s decision (the scope of the state’s duty of religious neutrality), the reasonableness standard applied to the other aspects of the decision, including whether or not the complainant had been discriminated against. In her concurring judgment, Abella J. was concerned with the majority’s use of different standards of review for different aspects of the tribunal’s decision. She said that extricating the question of the state’s duty of religious neutrality from the other aspects of the tribunal’s decision regarding the discrimination analysis directly conflicts with the jurisprudence and creates another confusing caveat to the Dunsmuir framework.

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Municipalities – By-laws – Human Rights – Discrimination – Religion – Charter of Rights and Freedoms – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Remedies – Damages Mouvement laïque québécois v. Saguenay (City), [2015] S.C.J. No. ...

The plaintiff was employed by the defendant for nine years as a massage therapy instructor. Following the plaintiff’s return from maternity leave, her hours were unilaterally reduced and her responsibilities and income diminished. In four months, her hours were reduced to zero. The plaintiff successfully brought an action against the defendant for wrongful dismissal. The court also found that the defendant employer had discriminated against the plaintiff on the basis of sex and family status, justifying a $20,000 award for injuries to feelings, dignity and self-respect. In addition, punitive damages of $5,000 was awarded based on lack of forthrightness and bad-faith conduct on the part of the defendant. The total award of $42,700 was reduced to $25,000 to reflect the court’s monetary jurisdiction.

24. March 2015 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Human rights complaints – Discrimination – Marital status – Gender – Remedies – Damages Bray v. Canadian College of Massage and Hydrotherapy, [2015] O.J. No. 465, Ontario Superior Court of Justice, January 31, 2015, J.S. Winny Deputy J. The plaintiff was employed ...

The BC Court of Appeal dismissed the complainant’s appeal from virtually every aspect of the Human Rights Tribunal’s decision regarding his complaint against the Law Society, including the Tribunal’s award of costs to the Law Society after the complainant made serious and unfounded accusations against it throughout the proceedings, the Tribunal’s award for past wage loss and failure to make an award for future wage loss, and the Tribunal’s reliance on two cases regarding causation that were not cited by either party during submissions, one of which was not available at the time of the hearing

25. November 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Law Societies – Barristers and solicitors – Professional governance and discipline –  Admission to profession – Competence – Judicial review – Natural justice – Remedies – Damages Gichuru v. Law Society of British Columbia, [2014] B.C.J. No. 2552, ...

The Court of Appeal allowed the appeal by the Coquitlam School District from a decision of a chambers judge on application for judicial review. The Appeal Court found that the chambers judge erred in applying a correctness standard to a decision of the BC Human Rights Tribunal where the tribunal considered the complainant’s mitigation of damages in its award of compensation for wage loss. The Tribunal was under no obligation to apply the common law test for mitigation in determining what amount of compensation to award. The issue of assessing compensation was a discretionary one which attracted a standard of review of patent unreasonableness as prescribed by s.59 of the Administrative Tribunals Act, SBC 2004, c.45.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Discretion of tribunal – Human rights complaints – Discrimination – Gender – Remedies – Damages – Duty to mitigate – Judicial review – Standard of review – Correctness – Patent unreasonableness J.J. v. Coquitlam School District No. 43, [2013] B.C.J. No. 542, 2013 ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The Ontario Municipal Board awarded the former owners of expropriated property $3,700,000 for the market value of the expropriated property and $767,000 for the loss in value of properties not expropriated. This decision was upheld by the Divisional Court. The City of Windsor (the “City”) successfully appealed the decision of the Divisional Court which upheld the decision made by the Ontario Municipal Board (the “Board”).

Administrative law – Municipalities – Expropriation – Planning and zoning – Property assessment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Remedies – Damages Windsor (City) v. Paciorka Leaseholds Ltd., [2012] O.J. No. 2822, 2012 ONCA 431, Ontario Court of Appeal, June 22, 2012, D.H. Doherty and H.S. ...