Transportation Authority’s decision to refuse anti-abortion advertisement on its buses upheld as reasonable and proportionate on judicial review

19. September 2017 0
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. ...

BC Supreme Court quashes driving prohibition when Officer’s issuance of the prohibition failed to meet the requisite standard of “reasonable and probable grounds to believe”

15. August 2017 0
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] ...

Residential Tenancy Branch correct in exercising jurisdiction where proceedings concerned an allegation of repeated late rent payments

15. August 2017 0
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...

BC Supreme Court finds Minister’s decision to cancel licence for public safety concerns is reasonable

Application for judicial review of decision cancelling license of occupation under Land Act, R.S.B.C. 1996, c. 245‎. Administrative Law – Decisions reviewed – Judicial Review – Licences – Ministerial – Natural resources – Public interest – Reasonableness – Standard of Review Falkenstein v. British Columbia (Ministry of Forests Lands and Natural Resource Operations), [2017] B.C.J. ...

Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable

Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...

Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld

20. April 2017 0
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition. Administrative Law – Arbitration Board – Decisions reviewed – Judicial Review – Motor vehicle accidents – Reasonableness – Standard of Review Farmers’ Mutual Insurance Co. ...

Federal Court rules decision to revoke pilot’s security clearance at Montreal airport over “life-threatening” online threats was reasonable

20. March 2017 0
Federal Court dismissed pilot’s application for judicial review of Transport Canada’s decision to cancel and revoke his transportation security clearance due to safety concerns arising out of life-threatening emails he had sent several years prior. Administrative law – Decisions reviewed – Judicial Review – Pilots – Procedural requirements and fairness – Professional governance and discipline ...

Canadian Human Rights Commission’s finding that bank employee had been accommodated is unreasonable

The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint.  The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability.  The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...

Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...