Administrative law – Human rights complaints – Discrimination – Drug and alcohol testing – Occupational requirement – Employment law – Condition of employment – Judicial review – Standard of review – Reasonableness simpliciter North American Construction Group Inc. v. Alberta Human Rights and Citizenship Commission, [2003] A.J. No. 1198, Alberta Court of Queen’s Bench, September 5, 2003, ...
Administrative law – Human rights complaints – Discrimination – Race – Judicial review – Decisions of administrative tribunals – Human Rights Tribunal – Investigative bodies – Evidenciary issues Lee v. British Columbia (Attorney General), [2003] B.C.J. No. 2200, British Columbia Supreme Court, September 22, 2003, Ross J. Lee had been employed as an engineer with BC ...
Administrative law – Human rights complaints – Discrimination – Race – Employment law – Termination of employment – Decisions of administrative tribunals – Fair Practices Officer – Judicial review – Evidence – Standard of review – Correctness Ingamo Hall Friendship Centre v. Bergeron, [2003] N.W.T.J. No. 51, Northwest Territories Supreme Court, July 30, 2003, Vertes J. Bergeron, ...
Administrative law – Stock brokers – Disciplinary proceedings – Governance – Penalties – Suspensions – Judicial review application – Privative clauses – Compliance with legislation – Remedies – Self-governing professions – Charter of Rights – Discrimination – Validity of legislation Smolensky v. British Columbia (Securities Commission), [2003] B.C.J. No. 1805, British Columbia Supreme Court, July 29, 2003, ...
Administrative law – Labour law – Working conditions – Schools – Teachers – Discrimination Lewis v. Regional School Division No. 4, [2003] S.J. No. 526, Saskatchewan Court of Queen’s Bench, July 31, 2003, Matheson J. After being assigned to the modular classroom in 1996, Mrs. Lewis began to experience persistent health problems. Her family doctor ...
Administrative law – Human rights complaints – Discrimination – Wage disparity – Gender – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Reasonableness Reid v. Vancouver (City), [2003] B.C.J. No. 2043, British Columbia Supreme Court, September 3, 2003, Garson J. Section 12 of the Human Rights Code, R.S.B.C. 1996, ...
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Remedies – Declaratory relief – Human rights complaints – Discrimination – Sexual orientation – Gender – Parent – definition – Judicial review – Standard of review – Correctness British Columbia (Minister of Health Planning) v. British Columbia (Human Rights Tribunal), [2003] B.C.J. No. 17552, British ...
Administrative law – Teachers – Labour law – Arbitration – Benefit plans – Dual coverage – Judicial review – Human rights complaints – Charter of Rights – Discrimination British Columbia Public School Employers’ Assn. v. British Columbia Teachers’ Federation, [2003] B.C.J. No. 1272, British Columbia Court of Appeal, May 30, 2003, Huddart, Braidwood and Thackray JJ.A. The Fort Nelson ...
Administrative law – Human rights complaints – Discrimination – Duty to accommodate – Procedural fairness – Judicial review application – Investigative bodies – Fairness Yuan v. British Columbia (Human Rights Commission), [2003] B.C.J. No. 687, British Columbia Supreme Court, March 26, 2003, Melvin J. Yuan contended that the Commission, which had conducted an investigation and determined that ...
Administrative law – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Aboriginal issues – Judicial review – Standard of review – Correctness Alberta (Human Rights and Citizenship Commission) v. Elizabeth Metis Settlement, [2003] A.J. No. 484, Alberta Court of Queen’s Bench, April 17, 2003, Bielby J. Elizabeth Metis Settlement (“the Settlement”) is ...