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 – ...

The appeal of a nursing home (“Grass Home”) from the decision of a fire marshal affirming an order of a fire inspector requiring the removal of locks was allowed where the Court found the fire marshal’s decision was reasonable but void due to an apprehension of bias

23. February 2010 0
Administrative law – Municipalities – Fire inspectors – Orders – Judicial review – Decisions reviewed – Fire inspectors – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Grass Home Ltd. v. New Brunswick (Provincial Fire Marshall), [2009] N.B.J. No. 381, New Brunswick Court of Queen’s Bench, September ...

The Municipality of Hazelbrook was successful in its appeal to quash the ministerial decision to grant an excavation permit and a construction and demolition disposal site permit

26. April 2005 0
Administrative law – Judicial review application – Permits and licences – Judicial review – Decisions reviewed – Ministerial orders – Standard of review – Patent unreasonableness Hazelbrook (Municipality) v. Prince Edward Island, [2205] P.E.I.J. No. 9, Prince Edward Island Supreme Court – Appeal Division, February 16, 2005, J.A. McQuaid J.A., G.E. Mitchell C.J.P.E.I. and L.K. Webber ...

Del Bianco’s appeal from an Order of the Alberta Securities Commission was dismissed by the Alberta Court of Appeal. The court found that there was sufficient evidence to support both the Commission’s finding that Del Bianco had traded in shares without being registered and the reasonableness of the sanctions imposed.

28. December 2004 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Decisions reviewed – Securities Commission – Standard of review – Reasonableness simpliciter Del Bianco v. Alberta Securities Commission, [2004] A.J. No. 1222, Alberta Court of Appeal, October 29, 2004, Fruman and Ritter JJ.A. and Sullivan J. Del Bianco was the director of ...

The Applicant Association sought judicial review of the Province’s decision to substitute its own compensation package for provincial judges for that recommended by the 2003 Judicial Compensation Commission. The court held that while the Province’s action met the “rationality” test, the Province had not demonstrated that exceptional circumstances existed such that it could reject the Commission’s recommendations. The court therefore allowed the judicial review to the extent of providing the Province with 90 days to reconsider the Commission’s recommendations and to justify its rejection on the ground of exceptional circumstances.

26. October 2004 0
Administrative law – Remuneration of judges – Judicial Remuneration Commission – Recommendations – Government rejection – Simple rationality standard – Judicial review – Decisions reviewed – Ministerial orders Alberta Provincial Judges’ Assn v. Alberta, [2004] A.J. No. 936, Alberta Court of Queen’s Bench, August 20, 2004, MacCullam J. The Alberta Provincial Judges Association sought judicial review ...