WCB was required to disclose to a newspaper, the Halifax Herald Ltd., names of the 25 employers with highest employee injury incidence and answer related questions. While such disclosure would reveal labour relations information, it would not reveal information supplied by the employers, or if it did, the information was not information supplied in confidence. Disclosure could not reasonably be expected to significantly harm the employers’ competitive position or result in similar information no longer being supplied to the WCB. The disclosure of employers’ names would not constitute an unreasonable invasion of privacy of the injured workers and was, in all the circumstances, in the public interest.

23. December 2008 0
Administrative law – Workers Compensation Board – Disclosure of third party records – Confidentiality – Freedom of information and protection of privacy – Invasion of personal privacy – Personal information – definition – Judicial review – Disclosure – Compliance with legislation – Public interest Halifax Herald Ltd. v. Nova Scotia (Workers’ Compensation Board), [2008] N.S.J. ...

An application for judicial review of a decision of an adjudicator appointed by the general manager of the Liquor Control and Licensing Branch, was dismissed. The adjudicator’s decision that the petitioner had violated its Liquor Primary License was based on a correct interpretation of the regulations and was reasonable.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Primary licences -Take away service – definition – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Compliance with legislation – Evidence – Burden of proof – Procedural requirements and fairness Liquor Stores Limited Partnership v. ...

Petro-Canada was successful in its application for judicial review of a decision made by a Workers’ Compensation Board (“WCB”) Review Officer finding that it had obligations as an “employer” under section 115 of the Workers Compensation Act., R.S.B.C. 1996 c. 492 (the “Act”) to ensure the health and safety of workers employed by the operators of two of its service stations.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Employer – definition – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Petro-Canada v. British Columbia (Workers’ Compensation Board), [2008] B.C.J. No. 1366, British Columbia Supreme Court, July 18, 2008, T.J. Melnick J Petro-Canada is engaged in the ...

The appeal by Chauvet from the dismissal of his application for judicial review of the decision of the Appeals Commission of the Workers’ Compensation Board was dismissed where the Court found that the Appeals Commission’s conclusion that Chauvet was working as a director and not a worker at the time of the accident was not patently unreasonable

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Worker – definition – Judicial review – Standard of review – Patent unreasonableness Chauvet v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 493, Alberta Court of Appeal, May 7, 2007, E. McFadyen, R. Berger and K. Ritter JJ.A. Chauvet was sole owner and ...

The appeal by a pipeline owner (“TransCanada”) from a decision of the Alberta Energy and Utilities Board (the “Board”) concluding that the Board had jurisdiction over the pipeline because the pipeline supplied gas to or for the public, was dismissed where the Court found that the Gas Utilities Act provided the Board with the power to conduct an investigation of any matter concerning a gas utility

Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Public interest – Powers to investigate – Natural resources – Natural gas – Distribution – Judicial review – Public utility – definition – Compliance with legislation – Jurisdiction of tribunal TransCanada Pipeline Ventures Ltd. v. Alberta (Energy and Utilities Board), [2008] A.J. ...

When assessing WCB spousal survivorship pension entitlement, the Workers’ Compensation Board has jurisdiction to determine whether a person was an “employee” under the Government Employees Compensation Act, R.S.C. 1985, c. G-5 (the “GECA”)

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Worker – definition – Judicial review – Jurisdiction – Compliance with legislation – Privative clauses – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2007] B.C.J. No. 1478, British Columbia Supreme Court, July 4, 2007, Meiklem J. An ...

A lawyer (“Regular”) was unsuccessful in appealing from a decision of the Law Society Discipline Committee which found that he had failed to act with integrity and to avoid questionable conduct in fulfilling his duties as a lawyer

24. January 2006 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Sale of assets – definition – Decisions of administrative tribunals – Law Societies – Penalties – Judicial review – Evidence Law Society of Newfoundland and Labrador v. Regular, [2005] N.J. No. 372, Newfoundland and Labrador Supreme Court – Court of Appeal, December 5, 2005, C.K. ...

The court held that the B.C. Human Rights Tribunal was without jurisdiction over a complaint arising from the exclusion of women members from the Men’s Lounge at the Marine Drive Golf Club as the Men’s Lounge was not an “accommodations, service or facility customarily available to the public”

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Gender – Private clubs – Customarily available to the public – Definition – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2005] B.C.J. No. 2181, British Columbia Supreme Court, ...

The Workers’ Compensation Board appealed the decision of the Appeals Commission (the “AC”) which determined that while the deceased was a director of the lumber corporation at the time of the accident, at the time of his death he was engaged in the activities of a “worker”. The court confirmed the AC’s decision and dismissed the appeal.

27. September 2005 0
Administrative law – Workers compensation – Benefits – Worker – Definition – Director of corporation – Interpretation of legislation – Decisions of administrative tribunals – Workers Compensation Boards – Appeals – Judicial review – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Alberta (Workers’ Compensation Board, Appeals Commission), [2005] A.J. No. 894, Alberta Court of ...

DRL Vacations Ltd. (“DRL”) was unsuccessful in seeking judicial review of the decision of the Halifax Port Authority to select a vendor other than DRL to operate a retail market catering outlet for the passengers and crew of cruise ships entering the Port of Halifax

27. September 2005 0
Administrative law – Administrative tribunals – Definition – Judicial review – Jurisdiction of Federal court – Port Authority – Vendor selection process DRL Vacations Ltd. v. Halifax Port Authority, [2005] F.C.J. No. 1060, Federal Court, June 15, 2005, Mactavish J. DRL submitted that although the HPA had formulated a process entitled a “Request for Proposals”, ...