Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...
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 ...
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Health Professions Review Board – Statutory powers – Chiropractors – Competence – Inadequate investigations – Judicial review – Standard of review – Patent unreasonableness – Evidence College of Chiropractors of British Columbia v. Health Professions Review Board, [2016] B.C.J. No. 884, 2016 BCSC ...
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 ...
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – Billing matters – PharmaCare Enrollment Agreement – Judicial review – Statutory powers – Jurisdiction – Stay of execution – Remedies – Injunctions Northburn Prescriptions Ltd. (c.o.b. Northburn Remedy’s RX) v. British Columbia, [2014] B.C.J. No. 2771, 2014 BCSC 2124, British Columbia Supreme ...
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Administrative courts – Statutory powers – Permits and licences – Judicial review – Abuse of process – Mootness – Delay – Standard of review – Reasonableness simpliciter B.S.A. Diagnostics Ltd. v. Ontario (Attorney General), [2014] O.J. No. 5035, 2014 ONSC ...
Administrative law – Decisions of administrative tribunals – Prison Commissioner – Statutory powers – Prisons – Smoking ban – Judicial review – Compliance with legislation Mercier v. Canada (Correctional Service), [2010] F.C.J. No. 816, 2010 FCA 167, Federal Court of Appeal, June 21, 2010, Nadon, Pelletier and Trudel JJ.A. This was an appeal of a ...
Administrative law – Decisions of administrative tribunals – Abuse of public office – Employment law – Competition for employment – Judicial review – Compliance with legislation – Statutory powers Lavigne v. Canada (Deputy Minister of Justice), [2009] F.C.J. No. 827, 2009 FC 684, Federal Court, July 2, 2009, Shore J. A manager at the Department ...
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...