A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker

30. January 2024 0
The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of ...

The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided

30. January 2024 0
Administrative law – Decisions reviewed – Municipal boards –  Judicial review – Procedural requirements and fairness – Mootness – Standard of review – Reasonableness – Municipalities – By-laws – Fire inspectors – Human rights – Charter of Rights and Freedoms Vandenberg v. Vancouver (City) Fire and Rescue Services, [2023] B.C.J. No. 2309, 2023 BCSC 2104, ...

Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies

30. January 2024 0
Administrative law – Decisions reviewed – School boards – Powers and duties – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness – Correctness – Human rights – Charter of Rights and Freedoms Burjoski v. Waterloo Region District School Board, [2023] O.J. No. 5341, 2023 ONSC 6506, Ontario Superior ...

Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change

27. December 2023 0
The Respondent, Alberta Utilities Commission, made a decision that prevented electrical utilities companies from earning a return on their mandated investments in electrical infrastructure. Four utilities companies successfully appealed the Commission’s decision to the Court of Appeal, on the basis the Commission breached its duty of procedural fairness. Administrative law – Decisions reviewed – Energy ...

No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so

27. December 2023 0
The Respondent Law Society’s Tribunal imposed an interim suspension on the Applicant, Ms. Deokaran, and ordered costs against her from that hearing. The Law Society’s Appeal Division denied her appeal. Ms. Deokaran was unsuccessful in applying for judicial review of these two decisions. Administrative law – Decisions reviewed – Law Societies – Permits and licences ...

Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean

27. December 2023 0
Administrative law – Decisions reviewed – Minister of Fisheries and Oceans – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Fisheries – Licences – Permits – Aboriginal issues – Government’s duty to consult Grand Manan Fishermens Assn., Inc. v. Canada (Attorney General), [2023] F.C.J. No. 1514, 2023 FC 1418, ...

Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process

29. November 2023 0
Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process Administrative law – Decisions reviewed – Employment and labour boards – Abuse of authority – Standard of review – Reasonableness – Employment – Appointment Ghafari v. Canada (Attorney General), [2023] F.C.J. No. 1452, ...

Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis

29. November 2023 0
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis. Administrative law – Decisions reviewed – Human Rights Tribunal – Natural justice – Procedural requirements and fairness – Jurisdiction – Standard of review – Reasonableness – Human rights – Discrimination – Universities Health-Engel ...

Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review

29. November 2023 0
Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review. Administrative law – Decisions reviewed – Insurance Council –  Remedies – Interlocutory injunctions FS Insurance Brokers, Inc. v. Insurance Council of British Columbia, [2023] B.C.J. No. 1345, 2023 BCSC 1190, British Columbia Supreme Court, July 11, 2023, F.M. Kirchner J. The ...

City of Toronto meets procedural fairness obligations under Fair Wage Policy

29. November 2023 0
City of Toronto meets procedural fairness obligations under Fair Wage Policy. Administrative law – Decisions reviewed – Municipalities – Wage disparity – Notice – Judicial review – Disclosure – Procedural requirements and fairness 1460973 Ontario Ltd. (c.o.b. C.P. Systems) v. Toronto (City), [2023] O.J. No. 4079, 2023 ONSC 5213, Ontario Superior Court of Justice, September ...