In a judicial review proceeding, the Nova Scotia Supreme Court declined to exercise its power to quash a decision made by the Assistance Appeal Board which awarded a mother of a special needs child increased funding to pay personal care workers for their assistance with her son. This was notwithstanding the existence of a directive that limited the amount of funding available for respite help.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Government – Funding of programs – Social assistance – Home care for disabled – Judicial review – Compliance with legislation – Standard of review – Correctness   Nova Scotia (Department of Community Services) v. Boudreau, [2011] N.S.J. No. 193, 2011 NSSC 126, Nova Scotia ...

The Appellant Attorney General unsuccessfully appealed the B.C. Supreme Court’s decision, which dismissed the Appellant’s Petition for judicial review. The Appellant’s Petition sought to quash a Commissioner’s decision that allowed him to inquire into the Appellant’s decision not to lay charges in connection with Mr. Paul Frank’s death. In its Petition, the Appellant also sought a declaration that, in the absence of evidence of bad faith, the principle of Crown immunity prevented a public inquiry into the Crown’s decision not to commence criminal proceedings in the Frank Paul matter.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government – Public inquiry – Judicial review – Applications – Crown immunity – Jurisdiction – Barristers and solicitors – Crown counsel – Solicitor-client privilege British Columbia (Ministry of Attorney General, Criminal Justice Branch) v. British Columbia (Commission of Inquiry into the Death of Frank Paul – Davies ...

The Petitioner Her Majesty the Queen in Right of the Province of B.C. (the “Province”) applied for leave to appeal the decision of an Arbitrator acting under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 (the “Act”) in respect of a dispute the Province had with the Respondent resort company (the “Respondent”). The Court denied the Province’s application for leave to appeal.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Government – Contract to provide park services – Terms of agreement – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Discretion of court – Powers under legislation British Columbia v. Gibson Pass Resort Inc., [2009] B.C.J. No. 162, British ...

The language used by Parliament in the Canadian Human Rights Act is wide enough to cover its own employees; therefore, the former Speaker of the House of Commons could not evoke the principles of parliamentary privilege in order to prevent the Canadian Human Rights Tribunal from investigating the Respondent’s complaint. However, the Respondent’s complaints could have been adjudicated under the Parliamentary Employment and Staff Relations Act which was intended to be the exclusive method of dispute resolution for such employees. As such, the appeal was allowed.

26. July 2005 0
Administrative law – Government – Employees – Human rights complaints – Discrimination – Employment law – Parliamentary employment – Constitutional law – Parliamentary privilege – Application of human rights legislation Canada (House of Commons) v. Vaid, [2005] S.C.J. No. 28, Supreme Court of Canada, May 20, 2005, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella ...

The decision of the Respondent to negotiate and enter into a contract with various companies for the provision of health care services did not fall within the definition of statutory power and therefore the Petitioner did not come within the provisions of the Judicial Review Procedure Act and the petition was dismissed

24. May 2005 0
Administrative law – Government – Contract to provide health services – Outsourcing – Validity – Judicial review application – Parties – Statutory powers – Compliance with legislation British Columbia Government and Services Employees’ Union v. British Columbia (Minister of Health Services), [2005] B.C.J. No. 650, British Columbia Supreme Court, March 23, 2005, Melvin J. The Petitioner ...

The Ontario Superior Court of Justice quashed decisions of the Ministry of Community, Family and Children’s Services (the “Ministry”) relating to applications for funding by parents of children with disabilities including Autism Spectrum Disorder. The court found that the process employed by the Ministry to consider the proposals at issue fell short of the procedural fairness mandated by law.

25. May 2004 0
Administrative law – Government – Funding of programs – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Nieberg (Litigation guardian of) v. Ontario (Minister of Community Family and Children’s Services), [2004] O.J. No. 1135, Ontario Superior Court of Justice, March 18, 2004, Benotto, Dunn and McCombs JJ. Jared ...

Manitoba was unsuccessful in its appeal of a decision allowing a Statement of Claim filed by one of its employees (“Desrivieres”) to stand. The action commenced by Desrivieres sought entitlement to disability benefits under the government employee plan. The court held that the dispute resolution mechanism in this Plan did not oust the jurisdiction of the court.

28. January 2003 0
Administrative law – Government – Employees – Benefit plans – Dispute resolution schemes – Jurisdiction – Final and binding – Definition – Adjudication – Jurisdiction of court – Labour law – Collective agreements Desrivieres v. Manitoba, [2002] M.J. No. 449, Manitoba Court of Appeal, November 15, 2002, Scott C.J.M., Monnin and Hamilton JJ.A. This case involved the issue of whether ...