SKCA upholds Labour Relations Board decision that complainant under the repealed OHS Act could release an employer with respect to any past wrongdoing that is personal to the complainant

20. December 2017 0
Appeal from decision of Saskatchewan Labour Relations Board regarding whether a complainant under employment legislation could release an employer with respect to wrongdoing that occurred in the past and is personal to the complainant rather than systemic in nature. Administrative law – Decisions reviewed – Labour and employment boards – Appeals – Employment – Termination ...

Supreme Court of Canada clarifies that Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces

24. November 2016 0
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...

Dentist seeks judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him due to the fact that he was suffering from bipolar disorder at the time

19. November 2015 0
Dentist sought judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure ...

A person who applied for a job at a school board was prevented from successful review of a human rights decision dismissing his complaint on the basis of a release he had signed earlier

19. August 2014 0
Administrative law – Human rights complaints – Discrimination – Settlements – Releases – Judicial review – Standard of review – Reasonableness simpliciter Ayangma v. Commission Scolaire de Langue Française, [2014] P.E.I.J. No. 28, 2014 PESC 18, Prince Edward Island Supreme Court, June 23, 2014, N.L. Key J. An applicant for the position of Director General ...

The appellant unsuccessfully appealed a decision of the respondent Ontario Securities Commission, dismissing his application to set aside an order of the Commission approving a settlement he made with the Commission’s staff. The appellant argued before the Commission and on appeal that the order approving settlement should have been set aside because of non-disclosure of material information by the Commission staff prior to the settlement and that a member of the Commission was biased.

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Settlements – Judicial review – Bias – Procedural requirements and fairness – Disclosure Rankin v. Ontario (Securities Commission), [2013] O.J. No. 259, 2013 ONSC 112, Ontario Superior Court of Justice, January 11, 2013, M. Brown R.S.J., P.T. Matlow ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

An employee’s claim against her former employer under the Ontario Pay Equity Act was barred by virtue of the release and settlement executed by the employee upon her termination

22. March 2005 0
Administrative law – Employment law – Termination of employment – Pay equity – Decisions of administrative tribunals – Human rights complaints – Discrimination – Wage disparity – Settlements – Releases – Validity – Judicial review – Compliance with legislation – Standard of review – Correctness Bucyrus Blades of Canada Ltd. v. McKinley, [2005] O.J. No. 231, Ontario Superior Court ...