An interpreter (“Sandhu”) sought judicial review of a Provincial Court decision that he could not act as an interpreter for a party in a small claims action. His petition was dismissed.

23. October 2012 0
Administrative law – Interpreters in court – Judges – Powers and duties – Judicial review – Parties – Standing – Procedural requirements and fairness – Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Sandhu v. British Columbia (Provincial Court, Judge), [2012] B.C.J. No. 1052, 2012 BCSC 1064, British Columbia Supreme Court, July 17, ...

A person may bring a legal proceeding to challenge the decision of a public or quasi-public body only if the person’s private rights are directly affected by the decision, or the person is exceptionally prejudiced by the decision in a manner different from the general public. In the alternative, a Court has discretion to grant public interest standing, where a party does not have personal standing. A group opposing the decision of the Director, Ministry of the Environment to issue a Renewable Energy Approval for the construction and operation of a Class 4 wind facility in the Township of Mapletown, did not meet the test for public interest standing as it did not establish that a genuine interest in the issues raised. As well, PMI had an appeal right to the Environmental Review Tribunal, which it had exercised.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Judicial review – Parties – Standing – Public interest – Procedural requirements and fairness – Compliance with legislation Preserve Mapleton Inc. v. Ontario (Director, Ministry of the Environment), [2012] O.J. No. 2037, 2012 ONSC 2115, Ontario Superior Court of Justice, April ...

The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the “SIU”) investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police – Remedies – Declaratory relief – Judicial review – Investigations – Mootness – Parties – Standing – Jurisdiction Schaeffer v. Ontario (Provincial Police), [2011] O.J. No. 5033, 2011 ONCA 716, Ontario Court of Appeal, November 15, 2011, R.J. Sharpe, R.P. Armstrong and P.S. Rouleau JJ.A. The ...

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 Appellants, a group of farmers, successfully appealed the decision of a Federal Court Judge who dismissed their application for a judicial review and held that they did not have personal standing to bring the application. The application for judicial review related to a Ministerial directive issued by the Respondent Government, which changed the process for the elections of directors to the Canadian Wheat Board.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Associations and clubs – Governance – Voting rights – Judicial review – Applications – Parties – Standing Friends of the Canadian Wheat Board v. Canada (Attorney General), [2011] F.C.J. No. 297, 2011 FCA 101, Federal Court of Appeal, March 16, 2011, Létourneau, Nadeau and ...

The Applicant (1447743 Alberta Ltd.) sought leave to appeal a decision of the Respondent City’s Subdivision and Development Appeal Board, which overturned the City’s previous decision to issue a development permit to the Applicant. As a preliminary matter on the leave to appeal application, the Applicant raised concerns regarding the permissible degree of participation of the Board in the leave to appeal application.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Appeals – Leave to appeal – Tribunal’s power to participate in leave application – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Parties – Standing 1447743 Alberta Ltd. v. Calgary (City), [2011] A.J. No. 263, 2011 ...

The originating application of the Citizens’ Representative, Newfoundland and Labrador, was struck down for failing to disclose a cause of action where the relief sought was a declaration that the Citizens’ Representative was in a conflict of interest and that there was a reasonable apprehension of bias such that he should be dismissed from his position. His spouse was the CEO of the health authority in respect of which the Citizens’ Representative had received a request to investigate issues around mental health services delivery by that health authority.

27. July 2010 0
Administrative law – Investigations – Ombudsman – Cititzens’ Representative – Conflict of interest – Judicial review – Bias – Compliance with legislation – Jurisdiction of court – Legislative Assembly – Official appointments – Remedies – Certiorari – Practice and procedure – Parties – Standing – No reasonable cause of action Burry v. Newfoundland and Labrador ...

The motion by the Chief of Defence Staff, Minister of National Defence and the Attorney General of Canada to strike the Applicants’ Notice of Application was dismissed where the Court held that the application for judicial review was not bereft of any chance of success

26. December 2007 0
Administrative law – National defence – Transfer of Afghan detainees – Torture – Charter of Rights and Freedoms – Prisons – Protection of inmates – Judicial review – Public interest – Standing – Evidence Amnesty International Canada v. Canada (Canadian Forces), [2007] F.C.J. No. 1460, Federal Court, November 5, 2007, Mactavish J. Amnesty International and ...

The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Parties – Standing – Test – Public interest – Bias Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553, Ontario Superior Court of Justice, October 26, 2006, K.E. Swinton J Otto Vass died on August 9, 2000 after being restrained by police ...

An application for judicial review of a decision by the Human Rights Commission declining to grant summary dismissal of a complaint regarding publications about a First Nations home for adolescent males alleged to be discriminatory on the basis of race and other factors was dismissed

23. January 2007 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Commission – Aboriginal issues – Jurisdiction – Parties – Standing – Judicial review – Appeals – Standard of review – Patent unreasonableness Carson v. Knucwentwecw Society, [2006] B.C.J. No 3102, British Columbia Supreme Court, December 1, 2006, Ehrcke J. A ...