The Applicant Town’s application for judicial review was dismissed in respect of the process followed by the Respondent School District when it relied on two specific reports and recommended closure of a school in the Applicant’s area

23. June 2009 0
Administrative law – Decisions of administrative tribunals – School boards – Statutory powers – Policies – Schools – Closures – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Georgetown (Town) v. Eastern School District, [2009] P.E.I.J. No. 25, Prince Edward Island Supreme Court, May 21, 2009, W.D. Cheverie J. ...

The applicant physician sought to quash a decision of the respondent College to proceed to a disciplinary hearing and to prohibit such a hearing when allegedly, the respondent’s decision not to proceed to hearing allowed by the governing statute had already been made. The applicant argued that the statutory power had been exhausted and there is no statutory authority to review or reconsider that decision. The court held that there was never an unconditional and final direction by the investigation chair that no further action be taken, and dismissed the application.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Statutory powers – Investigations – Hearings Ferrari v. College of Physicians and Surgeons of Alberta, [2008] A.J. No. 262, Alberta’s Court of Queens Bench, March 10, 2008, Foster, J. ...

The Court dismissed an appeal and petition filed in the Court in response to administrative action taken by the Respondent Commission on the basis that the appeal and petition were both premature. The Petitioner had failed to bring the proper administrative appeal as required by the legislation.

26. February 2008 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Judicial review – Discretion of delegated authority – Statutory powers – Compliance with legislation – Procedural requirements and fairness North York Community Credit Union v. British Columbia (Financial Institutions Commission), [2007] B.C.J. No. 2715, British Columbia Supreme Court, December 20, 2007, I.H. Pitfield ...

The Ontario Statutory Benefits Tribunal (“SBT “)has jurisdiction to consider the Ontario Human Rights Code in determining whether the Appellants were eligible for support pursuant to the Ontario Disability Support Program Act (“ODSPA”). Statutory tribunals empowered to decide questions of law are presumed to have the power to look beyond their enabling statutes in order to apply the whole law properly to a matter before them. The matter was remitted to the SBT so it could rule on the applicability of section 5(2) of the ODSPA.

27. June 2006 0
Administrative law – Human Rights complaints – Discrimination – Decisions of administrative tribunals – Statutory Benefits Tribunal – Statutory powers – Judicial review – Jurisdiction of tribunal to hear a complaint under the Human Rights Code – Compliance with legislation Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] S.C.J. No. 14, Supreme Court of Canada, April 21, ...

The decision of the Respondent to negotiate and enter into a contract with various companies for the provision of health care services did not fall within the definition of statutory power and therefore the Petitioner did not come within the provisions of the Judicial Review Procedure Act and the petition was dismissed

24. May 2005 0
Administrative law – Government – Contract to provide health services – Outsourcing – Validity – Judicial review application – Parties – Statutory powers – Compliance with legislation British Columbia Government and Services Employees’ Union v. British Columbia (Minister of Health Services), [2005] B.C.J. No. 650, British Columbia Supreme Court, March 23, 2005, Melvin J. The Petitioner ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

26. April 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

The court found that the Minister of Learning had acted outside his jurisdiction in refusing to refer two notices of appeal from the Appellants, relating to their teaching positions, to a Board of Reference

22. March 2005 0
Administrative law – Teachers – Employment contracts – Appeal process – Ministerial powers – Jurisdiction – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness – Remedies – Mandamus Coulthard v. Alberta (Minister of Learning), [2004] A.J. No. 1586, Alberta Court of Queen’s Bench, December 2, 2004, Moreau J. The two ...

On an appeal from a dismissal of an application for judicial review of a series of decisions made by the City of Winnipeg in relation to the rezoning and development of a property, the Court of Appeal held that the application judge did not misapprehend either the law or the facts and exercised his discretion correctly in dismissing the application. The City had the jurisdiction to make the decisions in question and did not lose jurisdiction by the manner in which it made them.

28. December 2004 0
Administrative law – Municipalities – Jurisdiction – Planning and zoning – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness Hechter v. Winnipeg (City), [2004] M.J. No. 357, Manitoba Court of Appeal, June 28, 2004, Scott C.J.M., Monnin ...

The Quebec Human Rights Tribunal was entitled to assume jurisdiction over a complaint brought by a minority group composed primarily of younger and less experienced teachers who alleged that their union’s modification of a collective agreement with the Province of Quebec discriminated against them. The Tribunal was entitled to hear the complaint despite a provision in the Quebec Labour Code requiring that every grievance be submitted to arbitration.

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Labour law – Collective agreements – Mandatory arbitration – Jurisdiction of labour arbitrator to hear human rights complaint – Human rights complaints – Discrimination – Age – Charter of Rights – Judicial review – Jurisdiction of tribunal – Compliance with legislation – ...

The court held that the Quebec Human Rights Tribunal had erred by accepting jurisdiction to decide an issue of alleged discrimination in an application of the Income Security Act, when the legislature had confirmed exclusive jurisdiction on a different tribunal, the Commission des Affaires Sociales (CAS), to hear appeals in respect of decisions made under the Act

27. July 2004 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint under the Income Security Act – Human rights complaints – Discrimination – Gender – Judicial review – Jurisdiction of tribunal – Statutory powers Quebec (Attorney General) v. Quebec (Human Rights Tribunal), [2004] S.C.J. No. 35, Supreme Court of Canada, June ...