An appeal was allowed of a case management judge’s decision to dismiss an application for a stay of a potential class proceeding, in the presence of an arbitration clause; the case was remitted to the case management judge for reconsideration in accordance with the Court of Appeal’s reasons. While certification of a class proceeding would render an arbitration agreement inoperative, that decision cannot be made before the court determines whether the proceeding will be certified.

24. November 2004 0
Administrative law – Judicial review – Class proceedings – Certification – Arbitration agreements – Statutory interpretation – Compliance with legislation – Stay of proceedings MacKinnon v. National Money Mart Co., [2004] B.C.J. No. 1961, British Columbia Court of Appeal, September 24, 2004, Esson, Saunders, Low, Levine and Thackray JJ.A. The sole named Plaintiff had brought ...

The court dismissed a motion to quash an application for judicial review on the basis that the Applicant had an adequate alternative remedy in the form of a full hearing before a panel of the University Discipline Tribunal. The court allowed the Applicant’s cross-motion to stay the hearing of the Discipline Tribunal pending the resolution of the application for judicial review.

28. September 2004 0
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

27. April 2004 0
Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...

The Plaintiff Nunavut Tunngavik Incorporated (“NTI”), in its action against the Federal Government, claimed that the Firearms Act, R.S.C. 1995, c.39, legislation which introduced a universal licensing and registration scheme for the possession, use and purchase of all firearms and ammunition, unlawfully infringed upon the rights guaranteed to Inuit under the Nunavut Land Claims Agreement (“NLCA”). Pending trial, the court allowed NTI’s application for an interlocutory order staying application of provisions of the Firearms Act and Criminal Code, R.S.C. 1985 c.46, on the basis that the alleged infringement of a treaty right may cause collateral damage to important Inuit interests.

23. September 2003 0
Administrative law – Aboriginal issues – Firearms registration – Infringement on Aboriginal rights – Damages – Stay of proceedings Nunavut Tunngavik Inc. v. Canada (Attorney General), [2003] Nu.J. No. 2, Nunavut Court of Justice, July 8, 2003, Kilpatrick J. The Plaintiff Nunavut Tunngavik Incorporated (“NTI”), on behalf of Inuit enrolled as beneficiaries under the Nunavut Land ...

Mr. Frederickson was issued a 24-hour roadside suspension for failure to provide a breath sample to an RCMP officer. He was subsequently charged with impaired driving and refusal to comply with a breath demand. On an application for review of the driving prohibition, an adjudicator confirmed the 90-day prohibition and Mr. Frederickson did not seek judicial review of the adjudicator’s decision. Mr. Frederickson sought a stay of proceedings on the refusal to provide a breath sample, based on the defence of res judicata. A Provincial Court judge granted a stay of proceedings. On appeal of that decision, it was held that the rule in Kienapple does not apply to the circumstances of this case. Accordingly, the stay of proceedings was set aside and the matter was remitted for trial.

25. February 2003 0
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Stay of proceedings – Res judicata – Kienapple rule R. v. Frederickson, [2002] B.C.J. No. 2895, British Columbia Supreme Court, December 23, 2002, Ross J. This was an appeal from a decision of a Provincial Court judge to enter ...

Detective Robertson, an Edmonton police officer, was the subject of several citations related to his activities while on the police force. During proceedings, Detective Robertson applied to the court for a stay on the grounds that natural justice required that he be provided with funded counsel due to the complexity of the citations. The application to the court failed.

24. December 2002 0
Administrative law – Police – Disciplinary proceedings – Stay of proceedings – Right to legal representation – Judicial review – Breach of procedural fairness Robertson v. Edmonton (City) Police Service, [2002] A.J. No. 1366, Alberta Court of Queen’s Bench, November 6, 2002, Clackson J. Fifteen citations were launched against Detective Robertson (the “Applicant”) by the Edmonton ...

Butterworth failed in his application seeking a stay of his disciplinary hearing before a committee of the College of Veterinarians of Ontario where the court found that prospective damage to Butterworth’s personal and professional reputation did not constitute “irreparable harm”

23. April 2002 0
Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...