Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Adult in need of protection – Withholding medical treatment – Substitute decision maker – Power of attorney – Scope of authority – Compliance with legislation – Judicial review – Evidence – Standard of review – Correctness Scardoni v. Hawryluck, [2004] O.J. No. ...
Administrative law – Decisions of administrative tribunals – Gaming and Liquor Commission – Permits and licences – Powers under legislation – Fresh evidence – Admissibility – Aboriginal issues – Judicial review – Procedural requirements and fairness – Natural justice – Failure to provide adequate reasons – Jurisdiction – Standard of review – Patent unreasonableness Siksika Nation v. Walji ...
Administrative law – Employment law – Termination of employment – Severance pay – Human rights complaints – Disability – Charter of Rights – Discrimination – Decisions of administrative tribunals – Arbitration Board – Judicial review – Standard of review – Correctness Ontario Nurses’ Assn. v. Mount Sinai Hospital, [2004] O.J. No. 162, Ontario Superior Court of Justice – Divisional ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Teachers – Human rights complaints – Discrimination – Duty to accommodate – Judicial review application – Standard of review – Patent unreasonableness – Procedural requirements and fairness Layzell v. Ontario (Human Rights Commission), [2003] O.J. No. 5448, Ontario Superior Court of Justice – Divisional Court, January ...
Administrative law – Police – Penalties and suspensions – Plagiarism at police college – Labour law – Arbitration – Collective agreements – Jurisdiction of labour arbitrator to hear disciplinary grievances – Decisions of administrative tribunals – Police Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness simpliciter Saskatoon (City) Police Force v. Saskatoon (Police Commission), ...
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Jurisdiction – Sale of assets – Judicial review – Privative clauses – Compliance with legislation – Standard of review – Correctness Atco Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), [2004] A.J. No. 45, Alberta Court of Appeal, January 27, 2004, ...
Administrative law – Prisons – Visiting rights – Decisions of administrative tribunals – Prison Commissioner – Judicial review – Compliance with legislation – Standard of review – Correctness Edwards v. Canada (Attorney General), [2003] F.C.J. No. 1887, Federal Court, December 10, 2003, Von Finckenstein Mr. Edwards was a federal inmate at Joyceville Institution. He was serving a ...
Administrative law – Police – Disciplinary proceedings – Penalties and suspensions – Decisions of administrative tribunals – Police Commission – Judicial review – Standard of review – Reasonableness simpliciter Favretto v. Ontario (Provincial Police), [2003] O.J. No. 5052, Ontario Superior Court of Justice, December 2, 2003, O’Driscoll, Then and Benotto JJ. On April 16, 1996, Constable Favretto, ...
Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Conduct of tenant – Residential premises – Definition – Residential property – Decisions of administrative tribunals – Housing Commission – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Schubach v. British Columbia (Housing Management Commission), [2003] B.C.J. No. 2664, British Columbia Court ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Employment law – Wrongful dismissal – Parallel action – Jurisdiction of court to hear human rights complaint – Estoppel and res judicata – Judicial review – Standard of review – Correctness Kaiser v. Dural, a division of Multibond Inc., [2003] N.S.J. No. 418, Nova Scotia Court ...