The Workers’ Compensation Board (the “Board”) appealed a decision of a chambers judge to the Saskatchewan Court of Appeal, as the chambers judge had quashed the Board’s decision to deny benefits and ordered a new medical review panel (“MRP”) in favour of a worker who sought compensation for a workplace accident. The appeal was ultimately ...
Application for judicial review of the decision of Workers’ Compensation Appeal Tribunal (WCAT) on the basis WCAT made patently unreasonable findings of fact. Administrative law – Benefits – Decisions of administrative tribunals – Evidence – Expert Evidence – Judicial Review – Workers Compensation – Workers Compensation Boards Stovicek v. Providence Health Care Society, [2016] B.C.J. No. ...
Appeal from the decision of Panel of the Healthcare Practitioner Special Committee for Audit Hearings ordering repayment of over $1.1 million and permanent cancellation of enrolment in MSP. Administrative law – Billing matters – Decisions of administrative tribunals – Delay – Evidence – Fairness – Hearings – Judicial Review – Ministry of Health Billing Integrity ...
Appeal from decision of Discipline Committee Panel of the College of Massage Therapists of Ontario on the basis of errors in credibility assessment in sexual abuse complaint. Administrative law – College of Massage Therapists – Conduct unbecoming – Credibility – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Massage Therapists ...
A bylaw prohibiting pharmacists from using customer incentive programs was struck down on judicial review on the basis of unreasonableness. The College of Pharmacists appealed. The appeal was allowed as the court found that the bylaws conformed to the rationale of the statutory regime. Administrative law – Bylaws – College of Pharmacists – Compliance with ...
Administrative law – Decisions of administrative tribunals – Association of Social Workers – Licence to practice – Character evidence – Judicial review – Applications – Evidence – Procedural fairness – Standard of review – Reasonableness simpliciter Nowoselsky v. Saskatchewan Association of Social Workers, [2015] S.J. No. 678, 2015 SKQB 390, Saskatchewan Court of Queen’s Bench, ...
The Court of Queen’s Bench allowed an appeal of an Uber driver’s acquittal in respect of two municipal bylaw offences. The Traffic Commissioner had acquitted the driver on the basis that he had not physically accepted the cash during a sting operation, meaning a true transaction did not take place and there was insufficient evidence ...
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Sexual orientation – Investigations – Judicial review – Evidence – Fresh evidence – admissibility J.D. v. Nova Scotia (Human Rights Commission), [2015] N.S.J. No. 323, 2015 NSSC 225, Nova Scotia Supreme Court, July 29, 2015, J.L. Chipman ...
The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities. Administrative law – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Police – Police ...
