The petitioner operated a masonry business in the City of Kelowna. Since 1995, the petitioner had a home-based business (minor) licence. In 2016, the City issued bylaw offence notices on the basis that the property was being used by the petitioner beyond the permitted uses and the property was a nuisance to neighbours. However, the ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review applications – Appeals – Standard of review – Reasonableness – Compliance with legislation – Discretion of delegated authority – Workers compensation – Benefits Smith v. Manitoba (Appeal Commission), [2021] M.J. No. 211, 2021 MBQB 149, Manitoba Court of Queen’s Bench, June 25, 2021, ...
Administrative law – Judicial review – Appeals – Discretion of delegated authority Gonzalez v. British Columbia (Attorney General), [2019] B.C.J. No. 339, 2019 BCCA 88, British Columbia Court of Appeal, March 8, 2019, Sanders, Bennett and Willcock JJ.A. The appellant Gonzalez filed an application for review of a Court of Appeal chambers order. In 2014, ...
Administrative law – Decisions reviewed – University Appeal Board – Discretion of delegated authority – Judicial review – Appeals – Standard of review – Correctness – Universities – Damages Lam v. University of Western Ontario Board of Governors, [2019] O.J. No. 611, 2019 ONCA 82, Ontario Court of Appeal, February 6, 2019, G.R. Strathy C.J.O., P.D. Lauwers and ...
Administrative law – Appeals – Decisions reviewed – Intellectual Property Office – Intellectual property – Patents – Judicial review – Discretion of delegated authority Governors of the University of Alberta v. Canada (Attorney General), [2018] F.C.J. No. 160, 2018 FCA 36, Federal Court of Appeal, February 9, 2018, W.W. Webb, D.G. Near and J.B. Laskin ...
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...
Administrative law – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Municipalities – Permits and licences – Planning and zoning – Judicial review – Compliance with legislation – Statutory interpretation – Versions of legislation – Validity – Procedural requirements and fairness – Discretion of delegated authority 1673233 Ontario Inc. (c.o.b. Eurohaven ...
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Judicial review – Discretion of delegated authority – Statutory powers – Compliance with legislation – Procedural requirements and fairness North York Community Credit Union v. British Columbia (Financial Institutions Commission), [2007] B.C.J. No. 2715, British Columbia Supreme Court, December 20, 2007, I.H. Pitfield ...
Administrative law – National defence – Freedom of information and protection of privacy – Media access to hearings – Judicial review – Quasi-judicial tribunals – In camera hearings – Procedural requirements and fairness – Discretion of delegated authority – Standard of review – Correctness – Reasonableness simpliciter Gordon v. Canada (Minister of National Defence), [2005] ...