An employee of Weyerhauser (“Mr. Jones”) was successful in his appeal from a decision dismissing his application for judicial review of a decision denying his claim for a loss of earnings pension through the Workers’ Compensation Board

22. November 2005 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Standard of review of appellate court – Privative clauses – Delegated authority – Standard of review – Patent unreasonableness – Remedies – Mandamus – Certiorari Jones v. British Columbia (Workers’ Compensation Board), [2005] B.C.J. No. ...

The P.E.I. Court of Appeal increased the general damages awarded to the Appellant for a breach of his right to freedom of expression under section 2(b) of the Charter of Rights and Freedoms from $15,000 to $75,000 on the basis that the trial judge overlooked evidence regarding the consequences of the Respondent’s infringement on the Appellant

26. July 2005 0
Administrative law – Charter of Rights – Freedom of expression – Employment law – Termination of employment – Damages – Judicial review – Appeals – Evidence – Standard of review of appellate court Morin v. Prince Edward Island Regional Administrative Unit No. 3 School Board, [2005] P.E.I.J. No. 42, Prince Edward Island Supreme Court – Appeal Division, ...

The Saskatchewan Court of Queen’s Bench heard two appeals under section 41 of the Chiropractic Act, S.S. 1994, c.C-10 from a decision of the Discipline Committee finding the appellant chiropractors guilty of professional misconduct for following a pattern of practice of ordering the preparation of plain film radiographs by the use of X-rays when it was not clinically necessary or appropriate to do so. One of the appellants was also found guilty of following a pattern of practice of ordering the preparation of plain film radiographs on an expectation of financial reward to accrue to him as a result of his ownership in an X-ray medical imaging business. The court ultimately quashed both findings of guilt based on this “pattern of practice”.

27. May 2003 0
Administrative law – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – Standard of review of appellate court Thompson v. Chiropractors’ Assn. of Saskatchewan, [2003] S.J. No. 186, Saskatchewan Court of Queen’s Bench, March 21, 2003, Rothery J. The complaints arose ...

A standard of correctness applies to an appeal from a chambers judge’s decision on a standard of review to be applied to a tribunal’s decision. The appellate court is in the same position as the reviewing judge. In this case, the chambers judge erred in concluding that a standard of reasonableness simpliciter applied to the tribunal and the appeal was allowed.

22. October 2002 0
Administrative law – Judicial review – Standard of review of appellate court – Correctness test – Not patently unreasonable Alberta (Minister of Municipal Affairs) v. Telus Communications Inc., [2002] A.J. No. 1068, Alberta Court of Appeal, September 4, 2002, Berger, O’Leary and Hunt JJ.A. The Municipal Government Board (“MGB”) determined that feature software used in ...