That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...

Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...

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 ...

The Director of Adoption has no statutory authority outside British Columbia to control the process of adoption

21. June 2016 0
Judicial review of decision by the British Columbia Director of Adoption to place a child for adoption with prospective adoptive parents who were residents of Alberta. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Declaratory relief – Director of Adoption – Judicial Review – Legislation – Reasonableness simpliciter – Remedies – ...

Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

The Association des parents de l’école Rose-des-vents (the “Association”) succeeded on its appeal from the judgment of the British Columbia Court of Appeal which had set aside the chambers judge’s order striking certain paragraphs of pleadings filed by the Minister of Education and the Attorney General for British Columbia. In addition, they were successful in restoring the declaration that educational services made available to the students at Rose-des-vents (“RDV”) were not equivalent to the facilities available to majority language students in the same area.

23. June 2015 0
Administrative law – Schools and school boards – Funding – Facilities – Parental rights – Discrimination – Charter of Rights and Freedoms – Equality rights – Minority rights – Language rights – Remedies – Declaratory relief Association des parents de l’école Rose-des-vents v. British Columbia (Education), [2015] S.C.J. No. 21, 2015 SCC 21, Supreme Court ...

The appellants appealed from a judicial review decision where the substantive relief sought in their petition was no longer available. The Court of Appeal dismissed the appeal on a preliminary basis as moot.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Subdivision Approval Officers – Municipalities – Planning and zoning – Judicial review – Mootness – Remedies – Declaratory relief Webber v. Anmore (Village) (Approving Officer), [2012] B.C.J. No. 2123, 2012 BCCA 390, British Columbia Court of Appeal, September 24, 2012, M.E. Saunders, K.E. Neilson and E.A. Bennett ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the “SIU”) investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police – Remedies – Declaratory relief – Judicial review – Investigations – Mootness – Parties – Standing – Jurisdiction Schaeffer v. Ontario (Provincial Police), [2011] O.J. No. 5033, 2011 ONCA 716, Ontario Court of Appeal, November 15, 2011, R.J. Sharpe, R.P. Armstrong and P.S. Rouleau JJ.A. The ...