Appeal by recipient of disability support payments from a decision quashing an order of the Ontario Social Benefits Tribunal forgiving recovery of one-half of overpayment

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Overpayment – Discretion of tribunal – Jurisdiction – Regulatory powers of tribunal – Government – Funding of programs – Social assistance – Judicial review – Compliance with legislation – Statutory interpretation Ontario (Director, Disability Support Program) v. Surdivall, [2014] O.J. No. 1505, 2014 ...

The Court of Appeal allowed the appeal by the Coquitlam School District from a decision of a chambers judge on application for judicial review. The Appeal Court found that the chambers judge erred in applying a correctness standard to a decision of the BC Human Rights Tribunal where the tribunal considered the complainant’s mitigation of damages in its award of compensation for wage loss. The Tribunal was under no obligation to apply the common law test for mitigation in determining what amount of compensation to award. The issue of assessing compensation was a discretionary one which attracted a standard of review of patent unreasonableness as prescribed by s.59 of the Administrative Tribunals Act, SBC 2004, c.45.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Discretion of tribunal – Human rights complaints – Discrimination – Gender – Remedies – Damages – Duty to mitigate – Judicial review – Standard of review – Correctness – Patent unreasonableness J.J. v. Coquitlam School District No. 43, [2013] B.C.J. No. 542, 2013 ...

The Applicant sought unsuccessfully a judicial review of a decision of the Public Service Labour Relations Board (the “Board”), which dismissed her complaints under the Public Service Labour Relations Act and applications for the Board’s consent to institute prosecutions for breaches of the Act. The Board had dismissed the complaints and applications on the grounds that they were more appropriately dealt with in hearings currently being held by the Board or in proceedings brought by the applicant in Federal Court, and that adjudicating numerous complaints stemming from essentially the same subject matter served no legitimate labour relations purpose.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Discretion of tribunal – Labour law – Collective agreements – Judicial review application – Compliance with legislation – Procedural requirements and fairness Bremsak v. Professional Institute of the Public Service of Canada, [2012] F.C.J. No. 528, 2012 FCA 91, Federal Court of ...

The appeal by workers from a decision quashing a Human Rights Tribunal’s decision to proceed with their human rights complaint was allowed where the Court held that the Tribunal’s decision to proceed was discretionary and was not patently unreasonable

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Workers Compensation Boards – Discretion of tribunal – Workers compensation – Benefits – Policies – Validity and application of policies – Human rights complaints – Disability – Discrimination – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review ...