The British Columbia Court of Appeal allowed the appeal of an employer (“BC Hydro”) and reinstated the decision of the Human Rights Commission (“HRC”) dismissing, at a preliminary stage, the complaint of an employee (“Lee”). The court held that the reviewing judge erred in failing to give due deference to the HRC by substituting her view of the evidence for the view of the HRC.

23. November 2004 0
Administrative law – Employment law – Appointment – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Commission – Evidenciary issues – Judicial review – Evidence Lee v. British Columbia (Attorney General), [2004] B.C.J. No. 1851, British Columbia Court of Appeal, September 10, 2004, Finch C.J.B.C., Prowse and Donald JJ.A. Lee is ...

Starson, who was found not criminally responsible on account of a mental disorder, had been detained in hospital and unsuccessfully appealed from the disposition of the Ontario Review Board (the “Board”) that he should continue to be detained in a medium security unit, on the basis of the Board’s findings that he represented a significant threat to society, and that the disposition of keeping him in medium security was the least onerous disposition, were unreasonable

25. May 2004 0
Administrative law – Prisons – Inmates Not Criminally Responsible for their crimes – Transfer of inmates – Public safety – Decisions of administrative tribunals – Review Board – Evidenciary issues – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter R v. Starson, [2004] O.J. No. 941, Ontario Court of Appeal, March ...

Canada Post Corporation (“Canada Post”) successfully appealed from a decision of the Workers’ Compensation Appeals Tribunal (“WCAT”) that a worker (“Myatt”) had suffered a recurrence of a 1998 compensable stress injury and should be entitled to benefits on the basis that WCAT failed to defer to the decision of the Hearing Officer who had the advantage of hearing oral testimony in the matter

25. May 2004 0
Administrative law – Workers compensation – Benefits – Psychological injury – employment related – Test – Decisions of administrative tribunals – Evidenciary issues – Judicial review – Standard of review – Patent unreasonableness Canada Post Corp. v. Nova Scotia Workers’ Compensation Appeals Tribunal, [2004] N.S.J. No. 105, Nova Scotia Court of Appeal, March 16, 2004, Roscoe, Chipman and ...

A teacher (“Mitchell”) was successful in her appeal from a decision of the Council of the British Columbia College of Teachers (the “College”) cancelling her certificate of qualification and terminating her membership in the College. The court found that the College failed to give any analysis or consideration to many mitigating factors specific to this case resulting in an unreasonable decision with respect to penalty.

27. April 2004 0
Administrative law – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties – Public interest – Decisions of administrative tribunals – College of Teachers – Evidenciary issues – Judicial review – Standard of review – Reasonableness simpliciter Mitchell v. British Columbia College of Teachers, [2003] B.C.J. No. 3056, British Columbia Supreme Court. October 27, ...

A former employee of British Columbia Hydro (“Lee”), successfully applied for a judicial review of the decision of the British Columbia Human Rights Commission (the “Commission”) which declined to refer his complaint for a hearing before the British Columbia Human Rights Tribunal

25. November 2003 0
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 ...