The BCCA denies leave to appeal a decision of the BCUC that a reduced utilities rate for low-income ratepayers would be unjust, unreasonable, and unduly discriminatory. Administrative law – Decisions reviewed – Utilities Commission – Appeals – Jurisdiction – Judicial review – Standard of review – Reasonableness – Natural resources – Power under legislation British ...
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 ...
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...
The Federal Court of Appeal upholds a finding that the Department of Public Works and Government Services issued a request for proposal in violation of the Agreement on Internal Trade on the basis that the Royal Canadian Navy imposed certain requirements that made it impossible for some select parties to submit bids. Administrative law – ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review – Appeals – Standard of review – Patent unreasonableness – Workers compensation – Occupational disease Workers compensation Goik v. British Columbia (Workers’ Compensation Appeal Tribunal), [2017] B.C.J. No. 1949, 2017 BCSC 1756, British Columbia Supreme Court, September 29, 2017, J.E. Watchuk J. (In ...
The petitioner’s application for judicial review of an Inquiry Committee decision was dismissed on the basis that it was not amenable to judicial review. Administrative law – Physicians and surgeons – Inquiry committee decisions – Judicial review – Mootness – Jurisdiction – Standard of review – Reasonableness – Physicians and surgeons – Competence Maroofi v. ...
A court upheld the Human Rights Tribunal’s decision to dismiss portions of the petitioner’s complaint on the basis that it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention. Administrative law – Decisions reviewed – Human Rights Tribunal – Human rights complaints – Discrimination ...
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...
