Administrative law – Decisions of administrative tribunals – Labour and employment boards – Jurisdiction – Hearings – Consolidation – Contempt – Judicial review – Procedural requirements and fairness – Evidence McNaught v. Toronto Transit Commission, [2005] O.J. No. 224, Ontario Court of Appeal, January 27, 2005, J.M. Simmons, E.E. Gillese JJ.A. and P.C. Hennessy J. (ad hoc) ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Disclosure of third party records – Relevance of information disclosed – Evidence – Standard of review – Reasonableness simpliciter College of Physicians and Surgeons of Ontario v. Au, [2005] O.J. No. 234, Ontario ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Decisions of administrative tribunals – College of Physicians and Surgeons – Double jeopardy – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Devgan v. College of Physicians and Surgeons of Ontario, ...
Administrative law – Judicial review – Disclosure of documents – Jurisdiction – Failure to provide reasons – Evidence Chapelstone Developments Inc. v. Canada, [2004] N.B.J. No. 450, New Brunswick Court of Appeal, December 2, 2004, Turnbull, Robertson and Richard JJ.A. The trial judge ordered production of these five items, but failed to give reasons for ...
Administrative law – Motor vehicles – Refusal of breathalyzer test – Adjudication – Evidence – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Taylor v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 2613, British Columbia Court of Appeal, December 8, 2004, Lambert, Newbury and Saunders JJ.A. On March 27th, ...
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Abuse of ministerial discretion – Decisions of administrative tribunals – Ministerial orders – Judicial review – Evidence – Standard of review – Patent unreasonableness St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2004] N.J. No. 336, ...
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...
Administrative law – Judicial review – Administrative decisions – Review Board – Evidence – Witnesses – Similar fact evidence admissibility J.M.D. v. Nova Scotia (Utility and Review Board), [2004] N.S.J. No. 400, Nova Scotia Court of Appeal, October 28, 2004, Glube C.J.N.S. J.M.D. claimed that, when she was a nursing student in Halifax in the mid-60s, ...