Court did not intervene in Service New Brunswick’s decision to close a service centre

21. June 2016 0
Application for judicial review from discretionary ministerial decision to close government office. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Government – Government funding of programs – Judicial Review – Ministerial orders – Natural Justice – Procedural requirements and fairness Saint‑Quentin (Municipality) v. New Brunswick (Minister of Government Services), [2016] N.B.J. No. 65, 2016 ...

Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

24. May 2016 0
Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

Appeal by recipient of disability support payments from a decision quashing an order of the Ontario Social Benefits Tribunal forgiving recovery of one-half of overpayment

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Overpayment – Discretion of tribunal – Jurisdiction – Regulatory powers of tribunal – Government – Funding of programs – Social assistance – Judicial review – Compliance with legislation – Statutory interpretation Ontario (Director, Disability Support Program) v. Surdivall, [2014] O.J. No. 1505, 2014 ...

In this case, the Supreme Court of Canada considered the distinction between arbitrators and courts with respect to awarding interest

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Natural resources – Forestry – Timber licences – Government – Expropriation – Interest – Compound vs. simple interest – Judicial review – Compliance with legislation – Interpretation British Columbia (Forests) v. Teal Cedar Products Ltd., [2013] S.C.J. No. 51, 2013 SCC 51, Supreme ...

The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Attorney General of Canada successfully appealed a judgment from the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal from the decision affirming a tribunal’s decision that Service Canada had not abused its authority when it advertised to fill a position that respondent claimed was not a new position and ought not to have been advertised.

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employee classification – Abuse of public authority – Labour law – Government – Employees – Employment law – Appointment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Canada v. Kane, [2012] S.C.J. No. 64, 2012 SCC ...

The Court held that a rehearing and decision rendered by a final authority in a Canadian Forces grievance did not rectify the error committed by the initial authority and therefore the grievor was denied procedural fairness. The applicant was severely injured while driving to activate her Family Care Plan which she had been requested to prepare by the Canadian Forces. She applied for disability benefits which were denied by the Department of Veterans Affairs. The applicant filed a grievance which was referred to the Director General, Personnel and Family Support in error. The applicant then chose to have the matter referred to the final authority which upheld the dismissal. The Court held that the decision was not fully informed, and that the board failed to consider all the appropriate circumstances and precedents in reaching its decision.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Military Committees – Grievances – Government – Pensions – Eligibility – Employment law – Government employees – Benefits – Policies – In and out of the course of employment – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Fawcett v. Canada (Attorney ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The Appellant Attorneys General were largely unsuccessful in an appeal of the Ontario Court of Appeal’s decision imposing procedural fairness obligations on the governments when attempting to collect sponsorship debts from sponsors of immigrants applying for permanent resident status.

26. July 2011 0
Administrative law – Government – Immigration – Sponsorship debts – Social assistance – Decisions of administrative tribunals – Ministerial – Judicial review – Compliance with legislation – Procedural requirements and fairness Canada (Attorney General) v. Mavi, [2011] S.C.J. No. 30, 2011 SCC 30, Supreme Court of Canada, June 10, 2011, McLachlin C.J. and Binnie, LeBel, ...

The appellant owned race tracks. The respondent owned race horses. The appellant refused to permit the respondent to race his horses at its tracks unless he signed its Access Agreement (“agreement”) which provided the terms of entry and a formula for sharing wagering revenue. The respondent refused to sign the agreement and sought a declaration from the Ontario Racing Commission (“Commission”) that he could not be required to sign the agreement. The Commission dismissed the application. Upon judicial review, the Divisional Court found the decision to be unreasonable and ordered that appellant be prohibited from excluding the respondent’s horses solely on the basis that he did not sign the agreement. In this case, the appellant appealed the Divisional Court’s decision and the Ontario Court of Appeal restored the Commission’s original decision.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Racing Commission – Government – Gaming and betting – Public interest – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Whelan v. Ontario (Racing Commission), [2011] O.J. No. 1748, 2011 ONCA 299, Ontario Court of ...