Paramedic found to be in the course of his employment when injured on his day off while assisting on-duty paramedics with a fellow music festival attendee who had collapsed

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...

The Nova Scotia Court of Appeal found the WCB’s decision that the injured worker’s medical marijuana did not qualify for medical aid under its policy was reasonable, and that the policy itself requiring qualifying medical aid treatment to be consistent with Canadian healthcare standards was intra vires and consistent with the Workers Compensation Act

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...

The BC Court of Appeal found the City of Vancouver’s bylaw authorizing its director of planning to relax zoning bylaw provisions for development proposals that include low cost housing to be valid

15. May 2018 0
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...

Appeal from costs orders following dismissal of discipline proceedings

17. April 2018 0
Administrative law – Decisions reviewed – Law Societies – Jurisdiction – Right to award costs – Judicial review – Appeals – Barristers and solicitors – Professional misconduct O’Toole v. Law Society of New Brunswick, [2017] N.B.J. No. 342, 2017 NBCA 56, New Brunswick Court of Appeal, February 15, 2018, J.E. Drapeau C.J.N.B., M.E.L. Larlee, B.V. ...

The appellant high school teacher appealed a finding of professional misconduct made against him, and the resulting penalty, arising from interactions that he had with students and health unit staff at a school immunization clinic; court dismissed the appeal and affirmed the misconduct finding and penalty

17. April 2018 0
Administrative law – Decisions reviewed – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Judicial review – Standard of review – Reasonableness Sullivan v. Ontario College of Teachers, [2018] O.J. No. 705, 2018 ONSC 942, Ontario Superior Court of Justice, February 7, 2018, W.M. ...

Appellant’s appeal of a decision of the Federal Court, in which it dismissed the appellants’ application for judicial review of three decisions from the Canadian Intellectual Property Office relating to an application for a patent, dismissed

17. April 2018 0
Administrative law – Appeals – Decisions reviewed – Intellectual Property Office – Intellectual property – Patents – Judicial review – Discretion of delegated authority Governors of the University of Alberta v. Canada (Attorney General), [2018] F.C.J. No. 160, 2018 FCA 36, Federal Court of Appeal, February 9, 2018, W.W. Webb, D.G. Near and J.B. Laskin ...

Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

Application for judicial review of a decision of the Legal Services Society of British Columbia in which it denied the applicant’s claim for legal aid representation in her family law case; dismissed

17. April 2018 0
Administrative law – Decisions reviewed – Legal Aid Commission – Judicial review – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness – Legal aid M.H. v. Legal Services Society of British Columbia, [2018] B.C.J. No. 217, 2018 BCSC 195, British Columbia Supreme Court, February 9, 2018, H.J. Holmes J. M.H. sought judicial ...

Major League Baseball’s application for judicial review to set aside an interim decision of the Human Rights Tribunal of Ontario and to dismiss or stay the proceedings was dismissed on the grounds of prematurity

20. March 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Jurisdiction – Human rights complaints – Discrimination – Judicial review – Premature Major League Baseball v. Cardinal, [2018] O.J. No. 469, 2018 ONSC 714, Ontario Superior Court of Justice, January 30, 2018, Kiteley, Linhares de Sousa, Pattillo JJ. Douglas Cardinal, an Anishnaabe elder, commenced an ...

An appeal of a decision from the Property Assessment Appeal Board was dismissed as its findings regarding the “highest and best use” of the property were reasonable

20. March 2018 0
Administrative law – Decisions reviewed – Assessment Appeal Board – Municipalities – Property Assessment – Judicial review – Appeals – Standard of review – Reasonableness Telus Communications (BC) Inc. v. British Columbia (Assessor of Area #09 – Vancouver Sea to Sky Region), [2018] B.C.J. No. 119, 2018 BCSC 113, Supreme Court of British Columbia, January ...