Administrative law – Firearms registration – Firearms – Licences – Revocation – Evidence – Prior criminal charges – Public safety – Statutory interpretation – Legislation – Retrospective operation R. v. D.L.B., [2003] O.J. No. 2471, Ontario Superior Court of Justice, February 12, 2003, Durno J. 45-year-old D.B. had used firearms for a long time. In 1992, ...
Administrative law – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Boundaries and therapeutic relationships – Judicial review – Decisions of administrative tribunals – Evidence Bennet v. Registered Psychiatric Nurses’ Assn. of Manitoba, [2003] M.J. No. 163, Manitoba Court of Appeal, May 15, 2003, Monnin, Hamilton ...
Administrative law – Pilots – Disciplinary proceedings – Due diligence – Evidence – Judicial review application – Administrative decisions – Standard of review – Reasonableness simpliciter Veideman v. Canada (Minister of Transport), [2003] F.C.J. No. 751, Federal Court of Canada – Trial Division, May 12, 2003, Snider J. Veideman was a helicopter pilot transporting skiers in ...
Administrative law – Workers compensation – Worker – Definition – Liability of sole director of a corporation – Statutory provisions – Privative clauses – Judicial review – Administrative decisions – Jurisdiction – Standard of review – Patent unreasonableness – Evidence Poulin v. Manitoba (Workers’ Compensation Board), [2003] M.J. No. 122, Manitoba Court of Appeal, April 23, 2003, ...
Administrative law – Decisions of administrative tribunals – Securities Commission – Evidence – Jurisdiction British Columbia (Securities Commission) v. Gill, [2003] B.C.J. No. 587, British Columbia Court of Appeal, March 19, 2003, Rowles, Ryan and Thackray JJ.A. Gill argued that the Commission, in holding that the receipts, financial summaries and loan agreements were securities, had ...
Administrative law – Human rights complaints – Evidence – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Failure to provide reasons – Standard of review – Reasonableness Spurrell v. Newfoundland (Human Rights Commission), [2003] N.J. No. 53, Newfoundland and Labrador Supreme Court – Trial Division, February 25, 2003, Adams J. An employee of ...
Administrative law – Judicial review – Quasi-judicial tribunals – Breach of procedural fairness – Procedural requirements – Jurisdiction – Evidence Lee v. Canadian Kennel Club Appeal Committee, [2003] A.J. No. 64, Alberta Court of Queen’s Bench, January 17, 2003, Lee J. The complaint arose out of dispute between Mr. Lee, a professional dog handler, and ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Evidence – Judicial review – Natural justice – Adjournment of hearing – Standard of review – Reasonableness Howatt v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 138, Ontario Superior Court of Justice, January 21, 2003, Carnwath, Whalen and MacDougall ...
Administrative law – Decisions of administrative tribunals – Discretion of court – Judicial review – Jurisdiction of court – Tribunal decisions – Physicians and surgeons – Disciplinary proceedings – Evidence – Delay – Public interest Rathé v. Ontario (Health Professions Appeal and Review Board), [2002] O.J. No. 4787, Ontario Superior Court of Justice, December 6, 2002, Blair, ...
Administrative law – Human rights complaints – Discrimination – Disability – Evidence – Judicial review application – Breach of procedural fairness – Hearings – Disclosure – Solicitor-client privilege Baltruweit v. Canada (Attorney General), [2002] F.C.J. No. 1615, Federal Court of Canada – Trial Division, November 19, 2002, Gibson J. Baltruweit was employed by the Canadian Security Intelligence ...