The Board of Education for the Regina School District applied unsuccessfully for an Order setting aside the decision of the Board of Reference which was convened to determine whether or not School Division No. 4 had acted reasonably in terminating a teacher’s contract. As there was no error on the face of the record, the court held that the School District failed to establish that the decision of the Board was patently unreasonable and their application was dismissed with costs.

22. June 2004 0
Administrative law – Employment law – Teachers – Termination of employment – Decisions of administrative tribunals – Board of Reference – Interpretation of Evidence – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Regina School Division No. 4 v. Hallgrimson, [2004] S.J. No. 198, Saskatchewan Court of Queen’s Bench, March 25, 2004, Dawson J. Gilbert ...

The appeal by an employer (“Vantage”) from a decision of the Human Rights Panel of the Alberta Human Rights and Citizenship Commission was dismissed where the court found that the evidence considered by the Panel clearly established that Vantage had not given consideration to accommodation of the physical limitations of the complainant (“Marcil”). The court also upheld the Panel’s decision to award $28,000 as compensation for lost employment income.

25. May 2004 0
Administrative law – Human rights complaints – Discrimination – Disability – Duty to accommodate – Employment law – Termination of employment – Damages – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Correctness Vantage Contracting Inc. v. Marcil, [2004] A.J. No. 368, Alberta Court of Queen’s Bench, March 29, 2004, ...

The Ontario Nurses’ Association (the “Association”), representing a nurse who was terminated for innocent absenteeism due to disability (“Tilley”), successfully applied for judicial review of a decision of a Board of Arbitration which had held that the hospital’s failure to pay severance to Tilley did not violate s.15(1) of the Canadian Charter of Rights and Freedoms (the “Charter”)

23. March 2004 0
Administrative law – Employment law – Termination of employment – Severance pay – Human rights complaints – Disability – Charter of Rights – Discrimination – Decisions of administrative tribunals – Arbitration Board – Judicial review – Standard of review – Correctness Ontario Nurses’ Assn. v. Mount Sinai Hospital, [2004] O.J. No. 162, Ontario Superior Court of Justice – Divisional ...

The Ingamo Hall Friendship Centre (“Ingamo”) appealed from a decision of the Fair Practices Officer in which Bergeron’s complaint of discrimination was allowed and damages for the lost wages and humiliation were awarded. The court allowed the appeal and overturned the decision of the Fair Practices Officer.

28. October 2003 0
Administrative law – Human rights complaints – Discrimination – Race – Employment law – Termination of employment – Decisions of administrative tribunals – Fair Practices Officer – Judicial review – Evidence – Standard of review – Correctness Ingamo Hall Friendship Centre v. Bergeron, [2003] N.W.T.J. No. 51, Northwest Territories Supreme Court, July 30, 2003, Vertes J. Bergeron, ...

An automotive sales and service business (“White Bear”) went into receivership and several of the company’s terminated employees filed complaints with the Labour Services offices of the Government of the Northwest Territories. The employees claimed wages owed and related benefits. An officer of the Labour Standards Board (the “Board”) examined their claims and issued certificates determining the amounts owing and declared that the employees were entitled to wage claims from the officers and directors of White Bear, pursuant to section 62 of the Labour Standards Act. The directors of White Bear appealed the ruling. The Board confirmed the certificates of the officer. The directors then unsuccessfully appealed those confirmations to the Northwest Territories Supreme Court.

26. August 2003 0
Administrative law – Labour Relations Board – Employment standards – Termination of employment – Termination package – Judicial review – Administrative decisions – Failure to provide reasons – Standard of review – Patent unreasonableness Buist v. Northwest Territories (Labour Standards Board), [2003] N.W.T.J. No. 30, Northwest Territories Supreme Court, May 30, 2003, O’Connor J. The Appellants ...

A customer of Airgas Canada Inc. complained that an employee of Airgas, Mr. Fuggle, had placed graffiti at their premises. As a result of the complaint Mr. Fuggle was dismissed by Airgas. Mr. Fuggle submitted a claim to the Director of Employment Standards requesting a determination that he had been dismissed without cause. The Director of Employment Standards concluded that Airgas had just cause to terminate Mr. Fuggle’s employment. Mr. Fuggle’s appeal to the Employment Standards Tribunal was dismissed. Prior to receiving this decision Mr. Fuggle commenced an action in the Supreme Court alleging that he was wrongfully dismissed. Airgas applied pursuant to rule 18A of the Rules of Court for an Order that the claim be dismissed on the basis that there had already been a final determination of the issues between the parties under the Employment Standards Act, R.S.B.C. 1996, c. 113 (“Standards Act”). In dismissing the application the Court exercised its discretion to refuse to apply estoppel.

28. January 2003 0
Administrative law – Employment standards – Termination of employment – Just cause – Decisions of administrative tribunals – Issue estoppel – Discretion of court Fuggle v. Airgas Canada Inc., [2002] B.C.J. No. 2800, British Columbia Supreme Court, December 11, 2002, Burnyeat J. Airgas Canada Inc. applied to the court pursuant to Rule 18A for an order ...