WCB decision granting extension of time in status determination is reasonable

17. October 2017 0
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...

Court declined to exercise its discretion to extend the deadline for filing an application for judicial review

26. August 2016 0
An application for judicial review of a Board of Examiners in Psychology’s decision was dismissed for being brought out of time, as the applicant had the Board’s full decision and did not file the application by the deadline to file. Administrative law – Board of Examiners of Psychologists – Competence – Decisions of administrative tribunals ...

Judicial review may not be utilized where an adequate alternative remedy, such as a statutory right of appeal, has not been exhausted prior to judicial review proceedings being taken

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...

A driver’s judicial review of a decision that he was out of time to review a 24-hour driving prohibition was dismissed

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Adjudication – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter MacNeil v. British Columbia (Superintendent of Motor Vehicles), [2012] B.C.J. No. 1795, 2012 ...

The Court found, on judicial review, that the decision of the Director of Human Rights Commission extending the time to file a human rights complaint was unreasonable. The 12 month deadline to file a complaint ran until the formal complaint was made. The statutory scheme under the Human Rights Act, R.S.N.S. 1989, c.219 is premised on a formal complaint and a process of inquiry based on it. The Commission also breached its duty of procedural fairness by not giving the applicant employer, ExxonMobil Canada Ltd., a copy of the respondent employee’s request for an extension prior to the Director making a decision. Finally, there was no basis for a finding of exceptional circumstances because of the respondent’s counsel’s communications with the Commission led counsel to believe that the deadline to file a complaint was extended. The communications between counsel and the commission were about the administratively imposed 28 days for completing the intake questionnaire, not the 12 month statutory deadline. Also, those communications about extending time occurred after the statutory deadline had expired.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Human rights complaints – Discrimination – Judicial review – Limitations – Extension of time – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter ExxonMobil Canada Ltd. v. Carpenter, [2011] N.S.J. No. 649, 2011 NSSC 445, Nova Scotia Supreme Court, December ...

The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Adjudications – Freedom of information and protection of privacy – Disclosure – Completion of inquiry – Limitations – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Alberta (Information and Privacy Commissioner) v. Alberta ...

The Appellants (the Workers’ Compensation Appeal Tribunal and the Workers’ Compensation Board) successfully appealed a decision of the Supreme Court, which had remitted Mr. Kerton’s matter (a request for an extension of time to file an appeal) back to the Tribunal for reconsideration

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Leave to appeal – Limitations – Extension of time – Compliance with legislation – Privative clauses – Jurisdiction – Delay – Standard of review – Patent unreasonableness Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] ...

The Workers’ Compensation Appeal Tribunal does not have the residual discretion to reject applications for an extension of time under s. 243(3) of the Workers Compensation Act once the two statutory criteria set out in that provision are met

Administrative law – Decisions of administrative tribunals – Workers compensation – Extention of time – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), 2010 B.C.J. No. 830, 2010 BCSC 644, British Columbia Supreme Court, May 5, 2010, E. ...

Geronazzo’s application for judicial review of the dismissal of his application for an extension of the 90-day limit to apply for a review of a Workers’ Compensation Board (the “Board”) decision rejecting his claim for benefits was allowed where the Court held that the decision that Geronazzo had failed to show that he intended to appeal during the period was patently unreasonable

26. September 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Limitations – Extension of time Geronazzo v. British Columbia (Workers’ Compensation Board), [2006] B.C.J. No. 1647, British Columbia Supreme Court, July 13, 2006, Rogers J. Geronazzo’s claim for Workers’ Compensation benefits due to a back injury was ...

A tenant (“Sullivan”) was successful in appealing the dismissal of her petition for judicial review of an arbitration decision that dismissed her claim to set aside a notice to terminate her tenancy. The arbitrator had dismissed Sullivan’s claim for failing to apply within the time limit. The Court of Appeal held that it was unfair of the arbitrator not to canvass the question of an extension of time with the lay litigant.

Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Arbitration – Limitations – Extension of time – Judicial review – Natural justice – Procedural requirements and fairness Sullivan v. Strata Plan BCS-251, [2005] B.C.J. No. 1350, British Columbia Court of Appeal, June 17, 2005, Ryan, Mackenzie and Low JJ.A. In the course of ...