The appeal by Page from a decision of the Appeals Tribunal of the Workplace, Health, Safety and Compensation Commission of New Brunswick (the “Commission”) was allowed where the Court found that the Appeals Tribunal made a palpable and overriding error in upholding the Commission’s decision to reopen and reject Page’s claim for benefits

28. November 2006 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial Review – Statutory provisions – Evidence – Jurisdiction Page v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2006] N.B.J. No. 394, New Brunswick Court of Appeal, September 21, 2006, W.S. Turnbull, J.Z. Daigle and J.T. Robertson JJ.A. ...

The decision of the Respondent Deputy Minister of Health to terminate Pharmacy Participation Agreements made between PharmaCare and the Petitioner pharmacies was the exercise of a statutory power of decision; it did not arise from the common law powers that the Crown enjoys as a natural person. The Petitioners were entitled to seek judicial review of the decision under the British Columbia Judicial Review Procedure Act. The duty of procedural fairness owed to the Petitioners was not met by the Respondent. Certiorari was granted, the decision to terminate the Pharmacy Participation Agreements was quashed and the matter was remitted to the Respondent for reconsideration.

27. June 2006 0
Administrative law – Pharmacists – Decisions of administrative tribunals – Ministerial orders – Policies – Statutory provisions – Pharmacy Participation Agreements – Judicial review – Procedural requirements and fairness – Legislation – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter – Remedies – Certiorari Delivery Drugs Ltd. (c.o.b. Gastown Pharmacy) v. British ...

An application for judicial review by the Applicant in respect of two discretionary conditions of the Applicant’s long-term offender order which were confirmed by the National Parole Board (“NPB”) was dismissed. The NPB’s decision to impose a condition that the Applicant take medication was correct and, even though such a condition offended section 7 of the Charter, it could be saved under section 1. The no contact condition was reasonable and was therefore not subject to judicial review.

27. December 2005 0
Administrative law – National Parole Board hearings – Discretionary conditions – Long-term offenders – Statutory provisions – Criminal Code – Public safety – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Deacon v. Canada (Attorney General), [2005] F.C.J. No. 1827, Federal Court, November 4, 2005, Teitelbaum J. The Applicant brought an application for ...

The Court dismissed the Workers’ Compensation Board’s appeal of a reviewing judge’s decision upholding a decision of the Appeals Commission. The privative clause and the statutory appeal provision limited the right of appeal from a decision by the Appeals Commission to pure questions of law. The reviewing judge did not err in finding that the Appeals Commission decision could rely on new medical evidence since strict rules of evidence did not apply to a hearing.

25. October 2005 0
Administrative law – Workers compensation – Benefits – Procedural fairness – Statutory provisions – Privative clauses – Decisions of administrative tribunals – Workers Compensation Boards – Hearings – Rules of evidence – Fresh evidence – Admissibility – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. ...

An employer’s appeal of a decision of the Nova Scotia Workers Compensation Appeals Tribunal (“WCAT”) was dismissed when the court found there was evidence to support the WCAT’s conclusion that an intense meeting with a supervisor was a “traumatic event” such that the worker’s subsequent stress condition was an “accident” within the meaning of the Workers Compensation Act, S.N.S. 1994-95, c. 10.

26. April 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Accident – Definition – Traumatic event – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Correctness – Patent unreasonableness Children’s Aid Society of Cape Breton-Victoria v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 75, Nova Scotia Court ...

The Court found that a decision of the Chief Review Commissioner of the Workplace Health, Safety and Compensation Committee to refuse to allow the deduction of legal fees paid by the Applicant, when determining the amount of CPP disability benefits to be offset from workers compensation benefits, was neither unreasonable nor patently unreasonable

22. March 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Legal fees deductibility – Statutory provisions – Judicial review – Standard of review – Patent unreasonableness Williams v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Commission), [2004] N.J. No. 443, Newfoundland and Labrador Supreme Court, December 23, 2004, Orsborn ...

A petition seeking an order quashing the decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”) and a declaration that the petitioner was not a “worker” was dismissed by the Court as the Court found that the WCAT did not act beyond its jurisdiction and its decision was not patently unreasonable

25. January 2005 0
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 ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
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 ...

The rigid application of In-Home Treatment Program guidelines, to the exclusion of the consideration of a family’s particular circumstances, amounted to an unreasonable exercise of discretion by the Defendant

24. August 2004 0
Administrative law – School boards – Powers and duties – Discretion of delegated authority – Special programs for autistic children – Funding – Guidelines – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Remedies – Statutory provisions Dassonville-Trudel (Guardian ad litem of) v. Halifax Regional School Board, [2004] N.S.J. No. 241, Nova ...

In weighing the merits of the Appellants’ rezoning requests, the Defendant municipality was discharging a duty delegated to it by the legislature. The Defendant was bound to exercise the powers conferred upon it fairly, in good faith and with a view to the public interest. The Defendant did not fulfil its duty of procedural fairness in refusing two rezoning applications brought by the Appellants as it gave no reasons for its denial. In refusing to justify its decision, the Defendant breached its duty of procedural fairness.

24. August 2004 0
Administrative law – Municipalities – Planning and zoning – Appeals – Decisions of administrative tribunals – Municipal councils – Statutory provisions – Public interest – Judicial review – Failure to provide reasons – Procedural requirements and fairness – Charter of Rights – Discrimination Congrégation des témoins de Jéhovah de St-Jérôme-Lafontaine v. Lafontaine (Village), [2004] S.C.J. No. 45, Supreme ...