The application by Painter to quash an adjudicator’s decision concluding that Painter had care and control of a motor vehicle while his blood alcohol level was over .08 was allowed where the Court found that the adjudicator breached the rules of natural justice when she used her own knowledge and understanding to form conclusions without giving Painter an opportunity to address these matters by putting forward evidence or by way of submissions

26. September 2006 0
Administrative law – Motor vehicles – Adjudication – Breathalyzer test – Evidence – Suspension of driver’s licence – Judicial review – Natural justice – Procedural requirements and fairness Painter v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 1545, British Columbia Supreme Court, July 11, 2006, Gill J. Painter brought an application to quash an ...

The appeal by McLeod and Miszczuk from a decision of the Securities Commission upholding the Exchange’s decision disqualifying them from being directors, officers or employees of Exchange companies was dismissed where the Court held that the lack of an oral hearing before the Commission did not render the decision unfair.

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Director of corporation – Removal – Hearings – Conduct of hearings – Judicial review – Evidence – Procedural requirements and fairness McLeod v. Alberta Securities Commission, [2006] A.J. No. 939, Alberta Court of Appeal, July 31, 2006, Fraser C.J.A. and Hunt and O’Brien JJ.A McLeod was ...

A taxi driver applied for judicial review of the License Appeal Board’s decision upholding the suspension of his taxi driver’s licence and the revocation of his taxi plates. The Court allowed the application on the basis that the City’s Chief Taxi Inspector had not properly submitted his decision to the Taxi Commission for review, which caused the License Appeal Board to lose jurisdiction. The Board had also failed in its duty to follow a rigorous procedure and provide a high degree of fairness.

22. August 2006 0
Administrative law – Decisions of administrative tribunals – Permits and licences – Taxi Licence Appeal Board – Judicial review – Jurisdiction of tribunal – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Remedies – Certiorari Barr v. Calgary (City), [2006] A.J. No. 701, Alberta Court of Queen’s Bench, February 3, 2006, Coutu ...

An engineer appealed from a decision of the Council of the Respondent Association that had found him guilty of conduct that constituted unskilled practice or unprofessional conduct. The Court confirmed one finding of unprofessional conduct, but on a second found that the Council had incorrectly applied the reasonableness standard of review to evidence regarding the appropriate Yukon standard of practice.

22. August 2006 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Ellwood v. Assn. of Professional Engineers of Yukon, [2006] Y.J. No. 49, Yukon Territory Supreme Court, June 19, 2006, Veale J. ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...

The Saskatchewan Court of Appeal dismissed the appeal by Preston Crossing Properties (“Preston”) of an assessment decision by the Municipal Board Committee upholding an assessor’s application of a 72% market adjustment factor to the buildings, based on a notable traffic increase to the buildings rendering them more valuable than other nearby buildings. The Committee did not err in concluding that Preston was given full opportunity to develop and state its case before the Board of Revision and in upholding the market adjustment factor of .72 (as opposed to .61 in valuing buildings Preston regarded as comparable to its own) for the purposes of the assessment.

25. July 2006 0
Administrative law – Municipalities – Property assessment – Market adjustment factor – Decisions of administrative tribunals – Assessment Appeal Board – Hearings – Conduct of hearings – Fairness – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Natural justice Preston Cross Properties Inc. v. Saskatoon (City), [2006] S.J. No. 335, Saskatchewan Court of Appeal, ...

Canada Lands Co. CLC Ltd. (“CLC”) was successful in having the Court set aside a decision of the Alberta Municipal Government Board (the “MGB”) as to the amount of a 2003 municipal tax assessment of lands owned by CLC where the Court found that the MGB acted unreasonably in using theoretical formulae in substitution for the evidence before it on rates and expenses

27. June 2006 0
Administrative law – Municipalities – Property assessment – Decisions of administrative tribunals – Municipal Government Board – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Canada Lands Co. CLC Ltd. v. Alberta (Municipal Government Board), [2006] A.J. No. 463, Alberta Court of Queen’s Bench, April 21, 2006, Marceau J. CLC is a non-agent Crown ...

The Chief of Police appealed from a decision of the Ontario Civilian Commission on Police Services (“OCCPS”) reinstating a police officer (“Kelly”) where the Court found that the OCCPS articulated and applied the appropriate standard of review of reasonableness when overturning the decision of a Hearing Officer to terminate Kelly

27. June 2006 0
Administrative law – Police – Disciplinary proceedings – Penalties and suspensions – Decisions of administrative tribunals – Civilian Commission on Police Services – Hearings – Evidence – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Kelly, [2006] O.J. No. 1758, Ontario Superior Court of Justice, May 2, 2006, J.D. Carnwath, ...

A World War II veteran who fell twice from a Bren gun carrier during active service (“Bremner”), succeeded on his application for judicial review of a decision of the Veterans Review and Appeal Board (the “Board”) which had determined that his degenerative disc disease and lower back pain was not attributable to his war service, and that he was not entitled to a pension in respect of that injury

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Veterans Review and Appeal Board – Pensions – Eligibility – Judicial review – Jurisdiction – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Bremner v. Canada (Attorney General), [2006] F.C.J. No 122, Federal Court, January 30, 2006, Strayer D.J. When Bremner enlisted, he reported no ...

An Application by T.C. for review of the Parole Board Appeal Division’s decision dismissing his appeal from the Parole Board’s refusal to grant him accelerated day parole was dismissed. The Court held that the Parole Board and Appeal Division did not breach their duty of fairness by relying on allegations in a Police Report which were denied by T.C. T.C. was afforded full opportunity to respond to the Board’s concerns.

28. March 2006 0
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Prisons – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness T.C. v. Canada (Attorney General), [2005] F.C.J. No. 2163, Federal Court, November 29, 2005, Mactavish J. The National Parole Board (“NPB”) refused to grant accelerated day parole ...