Appeal from a judgment overturning decision of BC Human Rights Tribunal to allow a late filed complaint in the public interest

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Application – Premature – Delay – Public interest – Standard of review – Patent unreasonableness British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, [2014] B.C.J. No. 1122, 2014 BCCA 220, British ...

Appeal by Workers’ Compensation Board from a decision overturning a decision of the Workers’ Compensation Board Appeals Commission regarding reduction of temporary total disability benefits on the basis of employability

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Temporary total disability – Judicial review – Standard of review – Reasonableness simpliciter – Delay Patrus v. Alberta (Workers’ Compensation Board), [2014] A.J. No. 315, 2014 ABCA 117, Alberta Court of Appeal, April 1, 2014, P.W.L. Martin and ...

Union appealed decision dismissing application for want of prosecution, in relation to judicial review petition, on grounds the employee petitioner was self-represented

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Disclosure of records – Labour law – Working conditions – Practice and procedure – Dismissal for want of prosecution – Judicial review – Delay – Self-representation Cole v. Workers’ Compensation Appeal Tribunal, [2014] B.C.J. No. 5, 2014 BCCA 2, British Columbia Court of ...

The Court allowed, in part, the application for judicial review by several Vancouver taxi companies of seven decisions of the Passenger Transportation Board that permitted certain suburban tax companies, not licensed for the City of Vancouver, to pick up passengers in the Downtown Vancouver Entertainment District during certain peak weekend hours. While the Court found it was reasonable for the Board to hear the matters together, that the Board did not act unfairly in conducting a written hearing, and the determination of the boundaries of the Downtown Vancouver Entertainment District was within the Board’s jurisdiction, it was patently unreasonable for the Board to not permit the Vancouver taxi companies to make submissions on the suburban taxi companies’ application for temporary permits as the decision was arbitrary and failed to consider the interests of the Vancouver taxi companies. The Board’s concern that hearing these submissions would result in delay was not an acceptable justification. A refusal to hear a person who would be affected by a decision of the Board is prima facie failure to “hear the other side” and a breach of the audi alteram partem principle. As a result, the temporary permit application was remitted to the Board for reconsideration after hearing submissions of the Vancouver Taxi Company.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Passenger Transportation Board – Taxis – Permits and licences – Hearings – Consolidation – Fairness – Judicial review – Standard of review – Patent unreasonableness – Delay – Jurisdiction Yellow Cab Co. v. Passenger Transportation Board, [2013] B.C.J. No. 2321, 2013 BCSC 1930, British Columbia Supreme Court, ...

The application by a corporation to dismiss, for delay, a prospective employee’s application for judicial review of a human rights tribunal’s decision was allowed where the prospective employee did not file for a judicial review until 26 months following the decision and had no cogent explanation for the delay

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Delay – Limitation of actions De Pelham v. Ontario (Human Rights Tribunal), [2011] O.J. No. 5459, 2011 ONSC 7006, Ontario Superior Court of Justice, November 25, 2011, A. Hoy J. Mytrak Health Systems Inc. (“Mytrak”) was a small ...

A physician’s application for judicial review of the decision of the Ministry of Health and Long Term Care “and/or” the general manager of Ontario Health Insurance Plan (OHIP) denying him payment for approximately $250,000 for medical services billed in 2002, 2003, and 2004 was set aside on the basis of delay. The original denial occurred in 2004 and the last letter denying his request for reconsideration was dated February 2008. The judicial review application was served February 2011 and perfected April 2011. While the physician had distractions, there was no satisfactory explanation provided for the excessive delay in bringing the judicial review application and there was evidence of actual prejudice to the respondent.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Judicial review application – Delay – Test Rosenhek v. Ontario, [2011] O.J. No. 5186, 2011 ONSC 3785, Ontario Superior Court of Justice, June 17, 2011, D.R. Aston J. Dr. Rosenhek initiated an application for judicial review of “the decision” of the Ministry of Health and ...

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

The Law Enforcement Review Board erred in considering only a partial record in setting aside the Chief of Police’s dismissal of a complaint of misconduct against a police officer and directing the Chief to hold a hearing. The decision was reviewed on a reasonableness standard. Given the inordinate delay, the Court declined to remit the matter back to the Board for further consideration.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Evidence – Judicial review – Delay – Standard of review – Reasonableness simpliciter Eltom v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 1017, 2011 ABCA 260, Alberta Court ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

The Appellants (the Workers’ Compensation Appeal Tribunal and the Workers’ Compensation Board) successfully appealed a decision of the Supreme Court, which had remitted Mr. Kerton’s matter (a request for an extension of time to file an appeal) back to the Tribunal for reconsideration

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Leave to appeal – Limitations – Extension of time – Compliance with legislation – Privative clauses – Jurisdiction – Delay – Standard of review – Patent unreasonableness Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] ...