Administrative law – Arbitration and award – Decisions of administrative tribunals – Arbitration Board – NAFTA – Tax rebates – Companies – Less favourable treatment – Discrimination – Judicial review – Procedural requirements and fairness – Disclosure United Mexican States v. Karpa, [2005] O.J. No. 16, Ontario Court of Appeal, January 11, 2005, D.H. Doherty, R.P. Armstrong ...
Administrative law – Decisions of administrative tribunals – Judicial review – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual acts – Penalties – Mandatory suspensions – Constitutionality – Charter of Rights – Application to disciplinary proceedings Mussani v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...
Administrative law – Decisions of administrative tribunals – Financial Consumer Agency – Natural justice – Judicial review – Procedural requirements and fairness – Compliance with legislation MBNA Canada Bank v. Canada (Financial Consumer Agency), [2004] F.C.J. No. 2037, Federal Court of Appeal, November 26, 2004, Von Finckenstein J. The appellant, MBNA Canada Bank (“MBNA”), was an issuer ...
Administrative law – Freedom of information and protection of privacy – Disclosure of draft report – Immunity of person acting in quasi-judicial capacity – Decisions of administrative tribunals – Privacy commissioner – Judicial review – Standard of review – Correctness – Compliance with legislation British Columbia (Attorney General) v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. ...
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review application – Stay of proceedings – Test British Columbia v. Hutchinson, [2004] B.C.J. No. 2434, British Columbia Supreme Court, November 24, 2004, Ralph J. The British Columbia Human Rights ...
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...
Administrative law – Judicial review application – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Human Rights Commission executive director powers – Human Rights complaints – Discrimination Ayangma v. Prince Edward Island (Human Rights Commission), [2004] P.E.I.J. No. 84, Prince Edward Island Supreme Court – Appeal Division, November 12, 2004, Mitchell C.J.P.E.I., ...