A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...
A court upheld the Human Rights Tribunal’s decision to dismiss portions of the petitioner’s complaint on the basis that it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention. Administrative law – Decisions reviewed – Human Rights Tribunal – Human rights complaints – Discrimination ...
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Human rights complaints – Disability – Procedural fairness – Standard of review – Reasonableness McIlvenna v. Bank of Nova Scotia, [2017] F.C.J. No. 728, 2017 FC 699, Federal Court, July 19, 2017, K.M. Boswell J. In 2012, the Commission dismissed the complaint ...
Administrative law – Decisions reviewed – Appeals – Judicial review – Standard of review – Correctness – Remedies – Mandamus Council of Independent Community Pharmacy Owners Inc. v. Newfoundland and Labrador, [2017] N.J. No. 283, 2017 NLCA 45, Newfoundland and Labrador Supreme Court – Court of Appeal, July 25, 2017, B.G. Welsh, C.W. White and ...
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...
Application for judicial review of administrative driving prohibition, with review conducted on the basis of the notice of prohibition and officer’s notes and report, in the absence of a conventional record of proceedings. Administrative law – Decisions reviewed – Motor vehicles – Suspension of driver’s licence – Judicial review – Standard of review – Reasonableness – Permits and licences Chatchot v. Jordan, [2017] ...
