An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

27. July 2004 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...

The Quebec Human Rights Tribunal was entitled to assume jurisdiction over a complaint brought by a minority group composed primarily of younger and less experienced teachers who alleged that their union’s modification of a collective agreement with the Province of Quebec discriminated against them. The Tribunal was entitled to hear the complaint despite a provision in the Quebec Labour Code requiring that every grievance be submitted to arbitration.

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Labour law – Collective agreements – Mandatory arbitration – Jurisdiction of labour arbitrator to hear human rights complaint – Human rights complaints – Discrimination – Age – Charter of Rights – Judicial review – Jurisdiction of tribunal – Compliance with legislation – ...

The court held that the Quebec Human Rights Tribunal had erred by accepting jurisdiction to decide an issue of alleged discrimination in an application of the Income Security Act, when the legislature had confirmed exclusive jurisdiction on a different tribunal, the Commission des Affaires Sociales (CAS), to hear appeals in respect of decisions made under the Act

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint under the Income Security Act – Human rights complaints – Discrimination – Gender – Judicial review – Jurisdiction of tribunal – Statutory powers Quebec (Attorney General) v. Quebec (Human Rights Tribunal), [2004] S.C.J. No. 35, Supreme Court of Canada, June ...

In reviewing the lower court’s decision, the Court of Appeal concluded that no injustice occurred as a result of the Information and Privacy Commissioner’s decision not to formally invite the Guide Outfitters Association to participate in a written inquiry concerning the production of records relating to the location of grizzly bear kills

22. June 2004 0
Administrative law – Decisions of administrative tribunals – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Judicial review – Application to participate in hearing – Natural justice – Standard of review – Reasonableness simpliciter British Columbia (Minister of Water, Land and Air Protection) v. British Columbia (Information and Privacy Commissioner), [2004] ...

The Board of Education for the Regina School District applied unsuccessfully for an Order setting aside the decision of the Board of Reference which was convened to determine whether or not School Division No. 4 had acted reasonably in terminating a teacher’s contract. As there was no error on the face of the record, the court held that the School District failed to establish that the decision of the Board was patently unreasonable and their application was dismissed with costs.

22. June 2004 0
Administrative law – Employment law – Teachers – Termination of employment – Decisions of administrative tribunals – Board of Reference – Interpretation of Evidence – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Regina School Division No. 4 v. Hallgrimson, [2004] S.J. No. 198, Saskatchewan Court of Queen’s Bench, March 25, 2004, Dawson J. Gilbert ...

In January 1999, Staff Sergeant Marvin Taylor tendered his resignation to the Regina Police Service. He left the service due to the stress in his relationship with his superior. Over three years later, Mr. Taylor submitted a claim to the Workers’ Compensation Board (“WCB”) for compensation on the grounds that he left his employment due to stress. The stress claim was rejected at all levels of the WCB. After exhausting his internal appeals, Mr. Taylor applied to the Saskatchewan Court of Queen’s Bench. The court held that the standard of review was patent unreasonableness and that the court’s task was to address the question of whether the WCB’s decision lacked reason and/or rationality. The Court held that Mr. Taylor had not demonstrated that the decision was patently unreasonable and the application was dismissed.

22. June 2004 0
Administrative law – Workers compensation – Benefits – Stress claims – Test – Privative clauses – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review application – Quasi-judicial tribunals – Appeal process – Judicial review – Standard of review – Patent unreasonableness Taylor v. Workers’ Compensation Board, [2004] S.J. No. 224, Saskatchewan Court of Queen’s Bench, ...

An Indian (“Pogson”) within the meaning of the Indian Act successfully applied for a reference under s.74(1) of the Firearms Act (the “Act”) to overturn the decision of a delegate of the Chief Firearms Officer who had rejected her application for a licence to possess and acquire non restricted firearms.

25. May 2004 0
Administrative law – Aboriginal issues – Firearms – licences – Infringement on Aboriginal rights – Decisions of administrative tribunals – Firearms Officer – Judicial review – Compliance with legislation – Procedural requirements and fairness – Evidence – Judicial notice Pogson v. Alberta (Chief Firearms Officer), [2004] A.J. No. 248, Alberta Provincial Court, March 1, 2004, Demetrick Prov. ...

Starson, who was found not criminally responsible on account of a mental disorder, had been detained in hospital and unsuccessfully appealed from the disposition of the Ontario Review Board (the “Board”) that he should continue to be detained in a medium security unit, on the basis of the Board’s findings that he represented a significant threat to society, and that the disposition of keeping him in medium security was the least onerous disposition, were unreasonable

25. May 2004 0
Administrative law – Prisons – Inmates Not Criminally Responsible for their crimes – Transfer of inmates – Public safety – Decisions of administrative tribunals – Review Board – Evidenciary issues – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter R v. Starson, [2004] O.J. No. 941, Ontario Court of Appeal, March ...

Canada Post Corporation (“Canada Post”) successfully appealed from a decision of the Workers’ Compensation Appeals Tribunal (“WCAT”) that a worker (“Myatt”) had suffered a recurrence of a 1998 compensable stress injury and should be entitled to benefits on the basis that WCAT failed to defer to the decision of the Hearing Officer who had the advantage of hearing oral testimony in the matter

25. May 2004 0
Administrative law – Workers compensation – Benefits – Psychological injury – employment related – Test – Decisions of administrative tribunals – Evidenciary issues – Judicial review – Standard of review – Patent unreasonableness Canada Post Corp. v. Nova Scotia Workers’ Compensation Appeals Tribunal, [2004] N.S.J. No. 105, Nova Scotia Court of Appeal, March 16, 2004, Roscoe, Chipman and ...

The appeal by a notary public (“Bailey”) of the penalty imposed by the Board of Directors of the Society of Notaries was dismissed. The court held that the decision to impose a fine and a suspension on a third complaint arising from a breach of an undertaking was not unreasonable.

25. May 2004 0
Administrative law – Notaries – Disciplinary proceedings – Penalties – Suspensions – Decisions of administrative tribunals – Society of Notaries – Judicial review – Standard of review – Reasonableness simpliciter Bailey v. Society of Notaries Public of British Columbia, [2004] B.C.J. No. 626, British Columbia Supreme Court, February 27, 2004, Brown J. On December 27, 2002, the ...