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 appellant sought to have a decision of the Saskatchewan Registered Nurses’ Association reversed on the basis that its failure to grant the appellant an adjournment constituted a breach of procedural fairness and a denial of natural justice. The Court allowed the appeal, noting that the public protection aspect of a speedy hearing was not a factor as the appellant was no longer working as a registered nurse, and that the serious consequences of the hearing warranted the appellant the right to be heard.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Nurses’ Association – Nurses – Professional misconduct / conduct unbecoming – Investigations – Disciplinary proceedings – Public interest – Hearings – Adjournment of hearing – Judicial review – Disclosure of records – Evidence – Natural justice – Procedural requirements and fairness Pittman v. Saskatchewan Registered Nurses’ Assn. ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

23. April 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

Applicant unsucessfully applied for a judicial review of two reports of findings of the Office of the Privacy Commissioner of Canada. The Court determined that the applicant had a more appropriate remedy by applying to the Federal Court for a compliance order or award of damages.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Production of records – Judicial review – Jurisdiction of court – Remedies – Alternative remedies Kniss v. Canada (Privacy Commissioner), [2013] F.C.J. No. 56, 2013 FC 31, Federal Court, January 15, 2013, ...

The Applicant, Mr. Cook, brought an application for judicial review relating to the Respondent RCMP’s decision to disclose his discipline record to the Public Prosecution Service of Canada (PPSC ) for a criminal trial where Mr. Cook was the investigating officer. The application was dismissed on the basis of mootness because the disclosure was already made to the PPSC at the time of the hearing.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Judicial review – Disclosure of records – Jurisdiction of court – Mootness Cook v. Canada (Royal Canadian Mounted Police), [2012] F.C.J. No. 802, 2012 FC 765, Federal Court, June 20, 2012, Scott J. The Applicant, Mr. Cook, is a member of the ...

A complainant’s application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Investigations – Abuse of process – Disclosure of record – Judicial review – Procedural requirements and fairness Davidoff v. Law Society of Alberta, [2011] A.J. No. 1442, 2011 ABQB 668, Alberta Court of Queen’s Bench, November 1, ...