Administrative law – Motor vehicles – Refusal of breathalyzer test – Adjudication – Evidence – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Taylor v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 2613, British Columbia Court of Appeal, December 8, 2004, Lambert, Newbury and Saunders JJ.A. On March 27th, ...
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...
Administrative law – Freedom of information and protection of privacy – Disclosure of draft report – Immunity of person acting in quasi-judicial capacity – Decisions of administrative tribunals – Privacy commissioner – Judicial review – Standard of review – Correctness – Compliance with legislation British Columbia (Attorney General) v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. ...
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...
Administrative law – Judicial review application – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Human Rights Commission executive director powers – Human Rights complaints – Discrimination Ayangma v. Prince Edward Island (Human Rights Commission), [2004] P.E.I.J. No. 84, Prince Edward Island Supreme Court – Appeal Division, November 12, 2004, Mitchell C.J.P.E.I., ...
Administrative law – Freedom of information and protection of privacy – Privacy commissioner – Disclosure – Invasion of personal privacy – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Minister of Health and Long-Term Care) v. Ontario (Assistant Information and Privacy Commissioner), [2004] O.J. No. 4813, Ontario Court of Appeal, ...
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Abuse of ministerial discretion – Decisions of administrative tribunals – Ministerial orders – Judicial review – Evidence – Standard of review – Patent unreasonableness St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2004] N.J. No. 336, ...
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Costs Filipchuk v. College of Licensed Practical Nurses of Manitoba, [2004] M.J. No. 367, Manitoba Court of Appeal, September 29, 2004, Twaddle, Kroft and Monnin JJ.A. A statutory ...
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Public interest – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Boyd v. Yellowknife (City), [2004] N.W.T.J. No. 49, Northwest Territories Supreme Court, August 20, 2004, Lutz J. The Appellant appealed the Development Appeal Board’s decision confirming ...