A professor’s application for judicial review of university’s decision to waive academic requirements for a disabled student was denied on the ground that the professor did not have public or private interest in the matter

27. September 2011 0
Administrataive law – Decisions of administrative tribunals – University Committees – Universities – Students – Duty to accommodate – Assessment of grades – review – Parties – Standing – Jurisdiction Lukacs v. Doering, 2011 MBQB 203, [2011] M.J. No. 264, Manitoba Court of Queen’s Bench, August 25, 2011, D.J. McCawley J. The University of Manitoba ...

The Alberta Court of Appeal held that the Energy Resources Conservation Board’s decision to reject expert evidence submitted after the deadline was a proper exercise of its discretion under the Energy Resources Conservation Act

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Energy Resources Conservation Board – Environmental matters – Oil wells – Protections of species – Evidence – Expert reports – Admissibility – Appeals – Leave to appeal – review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Correctness ...

The appeal by the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from a decision allowing the application for judicial review of an engineer (“Salway”) and setting aside the Association’s finding that Salway was guilty of professional misconduct for failing to respond to a client’s correspondence in a timely way was allowed where the Court held that the proper standard of review was reasonableness and the Association’s determination was within the range of reasonable outcomes

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Functions of a self-governing body – Professional misconduct / conduct unbecoming – Penalties and suspensions – review – Standard of review – Correctness – Reasonableness simpliciter Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

The court quashed a decision of Alberta’s Information and Privacy Commissioner for the City of Edmonton to destroy a data base containing personal information collected by pawnshops. The court found that the Commissioner had erred in his interpretation of municipal law as it related to privacy law.

24. February 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure – Public body – Police – Municipal employees – Electronic records – Collection – review – Standard of review – Correctness Business Watch International Inc. v. Alberta (Information and Privacy Commissioner), [2009] A.J. No. 24, ...

The appeal by a manufacturer of “sandwich panels” used in the construction of solariums or sunrooms (“Craft-Bilt”) of the refusal of the Chief Building Officer of the City of Toronto to issue building permits for three properties was allowed where the Court found that it was beyond the power of the municipality to eliminate a means of approval for materials and design that was mandated by the Legislature

23. January 2007 0
Administrative law – Municipalities – Permits and licences – Building permits – Powers under legislation – Legislation – Ultra vires – review – Compliance with legislation – Standard of review – Correctness Craft-Bilt Materials, Ltd. v. Toronto (City), [2006] O.J. No. 4710, Ontario Superior Court of Justice, November 15, 2006, H.M. Pierce J. Craft-Bilt sought to use ...

The petitioning companies successfully applied for judicial review of a decision of the Board of Variance allowing a third-party appeal of a decision to approve development permit applications where the Court held that the legislation did not create a general right of appeal for third parties to challenge the decision of the Director of Planning

28. November 2006 0
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Board of Variance – Third parties – Appeals – review – Compliance with legislation Richard Niebuhr Enterprises Ltd. (c.o.b. Niebuhr Constructions) v. Vancouver (City) Board of Variance, [2006] B.C.J. No. 2144, British Columbia Supreme Court, September 21, 2006, Goepel J. The petitioning companies ...