Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result

21. June 2022 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Eviction – Reconsideration – Judicial review – Procedural requirements and fairness – Natural justice – Hearings – Adjournment of hearing – Unrepresented complainant Lacroix v. Central-McKinlay International Ltd., [2022] O.J. No. 2220, 2022 ONSC 2807, Ontario Superior Court of Justice, May 11, 2022, D.L. ...

Schooled by the BCSC for Prematurity

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review application – Premature – Remedies – Interlocutory injunctions – Schools and school boards – Discrimination Independent School Authority v. Parent, [2022] B.C.J. No. 623, 2022 BCSC 570, British Columbia Supreme Court, April 7, 2022, W.A. Baker J. The petitioners, a private school, seek ...

Disgruntled Strata Owner Takes a Loss

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure

17. May 2022 0
Administrative law – Municipalities – Decisions reviewed – Municipal council – By-laws – Judicial review – Procedural requirements and fairness – Remedies – Mandamus Michetti v. Pouce Coupe (Village), [2022] B.C.J. No. 505, 2022 BCSC 472, British Columbia Supreme Court, March 22, 2022, S.C. Fitzpatrick J. The petitioner, Lorraine Michetti, was the Mayor of the ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...

The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation

19. April 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Compliance with legislation [Interpretation] – Judicial review – Appeals and leave to appeal – Standard of review – Reasonableness – Workers compensation – Pensions – Eligibility Canada (Attorney General) v. Burke, [2022] F.C.J. No. 321, 2022 FCA 44, Federal Court of Appeal, March 15, 2022, ...