Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Duty to accommodate – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Patent unreasonableness McNeil v. British Columbia (Human Rights Tribunal), [2023] B.C.J. No. 561, 2023 BCSC 481, British Columbia Supreme Court, March 29, 2023, B.M. Young ...
Administrative law – Decisions reviewed – Human Rights Commission – investigations – Disability – Discrimination – Employment law – Wrongful dismissal – Judicial review – Application – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Wojtasiewicz v. Alberta (Human Rights Commission), [2020] A.J. No. 81, 2020 ABCA 23, Alberta Court of ...
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...
Administrative law – Decisions reviewed – Veterans Review and Appeal Board – Pension Appeals Board – Disability – Eligibility – Judicial review – Appeals – Evidence – Standard of review – Reasonableness Crummey v. Canada (Attorney General), [2019] F.C.J. No. 54, 2019 FC 73, Federal Court (Halifax, Nova Scotia), January 18, 2019, R.F. Southcott J. The ...
Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Disability – Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Practice and procedure – Summary proceedings Hospital v. J.R. (Litigation guardian of), [2018] B.C.J. No. 3731, 2018 BCSC 2079, British Columbia Supreme Court, November 26, 2018, L.W. Bernard J. ...
Administrative law – Decisions reviewed – Human Rights Commission – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Test – Standard of review – Correctness – Professions – Police Boychyn v. Canada (Royal Canadian Mounted Police), [2018] F.C.J. No. 1203, 2018 FC 1185, Ontario Federal Court, November 27, 2018, S.S. Ahmed ...
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Evidence – Failure to provide reasons – Standard of review – Reasonableness – Human rights complaints – Disability Kelly v. Nova Scotia (Human Rights Commission), [2018] N.S.J. No. 336, 2018 NSSC 173, Nova Scotia Supreme Court, September 11, 2018, J.M. Arnold J. ...
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Human rights complaints – Disability – Procedural fairness – Standard of review – Reasonableness McIlvenna v. Bank of Nova Scotia, [2017] F.C.J. No. 728, 2017 FC 699, Federal Court, July 19, 2017, K.M. Boswell J. In 2012, the Commission dismissed the complaint ...
The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint. The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability. The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision. On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...