Where a governmental body delegates powers to a third party and issues licences to employees of that third party to carry out delegated tasks, the awarding and revocation of licences is subject to the principles of administrative law and the requirements for procedural fairness. While such delegation is an authorization and the licensee holds a public office of sorts, this does not imply that the licence holder is a “public office holder”.

27. May 2008 0
Administrative law – Judicial review – Permits and licences – Motor vehicle inspection – Public officer – Delegated authority – Compliance with legislation – Public safety – Procedural requirements and fairness Societe de L’Assurance Automobile du Quebec v. Cyr, [2008] S.C.J. No. 13, Supreme Court of Canada, March 28, 2008, McLachllin C.J. and Bastarache, Binnie ...

An employee of Weyerhauser (“Mr. Jones”) was successful in his appeal from a decision dismissing his application for judicial review of a decision denying his claim for a loss of earnings pension through the Workers’ Compensation Board

22. November 2005 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Standard of review of appellate court – Privative clauses – Delegated authority – Standard of review – Patent unreasonableness – Remedies – Mandamus – Certiorari Jones v. British Columbia (Workers’ Compensation Board), [2005] B.C.J. No. ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

26. April 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...