Court granted public standing to a First Nation’s representative in a judicial review of Yukon Coroner’s decision not to conduct an inquest

24. November 2016 0
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack.  The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...

Court held that the Superintendent was not legally bound to follow the chambers judge’s obiter comments about his power to reopen a case

24. November 2016 0
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...

Court ordered a reconsideration of doctor’s hospital privileges application for lack of procedural fairness

24. November 2016 0
The administrative decision-maker was held to have breached its duty of procedural fairness because it failed to share all relevant information with the applicant and failed to provide him with a reasonable opportunity to respond before the decision was made. Administrative law – Decisions of administrative tribunals – Duty to disclose evidence – Health authorities ...

Court Ordered Minister of Agriculture to Review Inspector’s Decision to Seize and not return Animals to their Owner

26. October 2016 0
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. ...

School’s prayer policy discriminated against the belief of Sunni Muslim students

26. October 2016 0
Appeal from decision under Alberta Human Rights Act that school discriminated against students by prohibiting them from performing prayer on campus. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Duty to Accommodate – Failure to provide reasons – Human Rights Commission – Human rights complaints – Judicial Review – ...

Court Confirmed Validity of Termination of Agreement to Operate a Residential Care Facility

26. October 2016 0
Injunction application in relation to the termination of agreement to operate a residential care facility pursuant to Health Authorities Act. Administrative law – Decisions of administrative tribunals – Evidence – Government contracts – Health authorities – Injunctions – Judicial Review – Licence to provide health services – Notice requirements – Procurement process – Remedies – ...

Repair and maintenance of a motor vehicle falls within “use of motor vehicle” under Workplace Health, Safety and Compensation Commission Act

25. October 2016 0
Application by worker for judicial review of decision of Workplace Health, Safety and Compensation Commission regarding statutory exception for civil actions under the Workplace Health, Safety and Compensation Commission Act. Administrative law – Bias – Compliance with legislation – Decisions of administrative tribunals – immunity from civil actions exceptions – Judicial Review – Workers Compensation ...

Accident on the way to employment related retreat did not arise “out of and in the course of employment”

27. September 2016 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Worker, definition – In and out of the course of employment – Judicial review – Standard of review – Patent unreasonableness Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), [2016] B.C.J. No. 1399, 2016 BCSC 1216, British ...

Applicants who were afforded procedural fairness lost an application to quash a bylaw affecting other individuals not before the Court

27. September 2016 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Planning and zoning – Notice and consultation – Judicial review – Procedural requirements and fairness – Parties – Notice Miner v. Kings (County), [2016] N.S.J. No. 260, 2016 NSSC 163, Nova Scotia Supreme Court, April 7, 2016, C. R. Coughlan ...

Human rights complaint investigation was sent back to Tribunal for lack of thoroughness

27. September 2016 0
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 ...