The applicant, a prospective RCMP candidate, was successful on judicial review in setting aside a Human Rights Commission’s decision dismissing his complaint that the RCMP discriminated against him based on his medical condition. The court found the Commission failed to conduct a neutral investigation and breached its duty of fairness, and also failed to apply the correct legal test when assessing the complaint.

19. February 2019 0
Administrative law – Decisions reviewed – Human Rights Commission – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Test – Standard of review – Correctness – Professions – Police Boychyn v. Canada (Royal Canadian Mounted Police), [2018] F.C.J. No. 1203, 2018 FC 1185, Ontario Federal Court, November 27, 2018, S.S. Ahmed ...

BC Court of Appeal permitted the respondent leave to appeal a commercial arbitrator’s decision. The Arbitration Act only allows leave to appeal on questions of law, and the court determined that the question raised by the respondent was one of law, since it related to contractual interpretation and whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract. The Supreme Court of Canada ruled that contractual interpretation issues involving mixed fact and law, such as whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract, are properly questions of fact. Accordingly, as the respondent’s appeal was based on a question of fact and not law, it should not have been granted leave. The appellant’s appeal was allowed.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...

The Petitioner (“Ms. Mackay”) successfully appealed a decision of an arbitrator who had rejected her claim for nuisance in respect of her dealings with the Respondent, Archaeology Branch. Those dealings involved the Branch requiring her to obtain a heritage inspection on her property as a condition to obtaining a site alteration permit.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Arbitration – Heritage sites – Inspection – Nuisance – Test – Judicial review – Compliance with legislation Mackay v. British Columbia, [2013] B.C.J. No. 1121, 2012 BCSC 945, British Columbia Supreme Court, May 30, 2013, L.B. Gerow J. (In Chambers) ...

The applicant successfully sought leave to appeal an order of a justice of the Supreme Court of British Columbia dismissing its appeal from an order of the Forest Appeals Commission

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Statutory interpretation British Columbia v. Canadian National Railway, [2013] B.C.J. No. 802, 2013 BCCA 185, British Columbia Court of Appeal, ...

The appellant employer successfully appealed a decision of the provincial Workplace Health, Safety and Compensation Commission Appeals Tribunal, which had set aside a decision of the provincial Workplace Health, Safety and Compensation Commission dismissing the respondent employee’s claim for compensation benefits for “gradual onset stress.”

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Investigations – Workers compensation – Government employees – Federal and provincial legislation – Psychological injury – employment related – Test – Stress claims Robichaud v. Canada (Attorney General), [2013] N.B.J. No. 8, 2013 NBCA 1, New Brunswick Court of Appeal, January 10, 2013, ...

A municipal counsillor who previously expressed a definitive opinion on the topic of appeal ought to have been recused from hearing the appeal. Failure to recuse the counsillor resulted in the Alberta Court of Appeal granting leave to the applicant on the basis that there was a reasonable apprehension of bias.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Municipal Planning Commission – Permits and licences – Appeals and leave to appeal – Municipalities – By-laws – Judicial review – Evidence – Reasonable apprehension of bias – test Beaverford v. Thorhild (County No. 7), [2012] A.J. No. 288, 2012 ABCA 99, Alberta Court of Appeal, March 28, ...

A physician’s application for judicial review of the decision of the Ministry of Health and Long Term Care “and/or” the general manager of Ontario Health Insurance Plan (OHIP) denying him payment for approximately $250,000 for medical services billed in 2002, 2003, and 2004 was set aside on the basis of delay. The original denial occurred in 2004 and the last letter denying his request for reconsideration was dated February 2008. The judicial review application was served February 2011 and perfected April 2011. While the physician had distractions, there was no satisfactory explanation provided for the excessive delay in bringing the judicial review application and there was evidence of actual prejudice to the respondent.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Judicial review application – Delay – Test Rosenhek v. Ontario, [2011] O.J. No. 5186, 2011 ONSC 3785, Ontario Superior Court of Justice, June 17, 2011, D.R. Aston J. Dr. Rosenhek initiated an application for judicial review of “the decision” of the Ministry of Health and ...

The appellant warden of Mission Institution was unsuccessful in her appeal of a chambers decision which ordered that the respondent inmate be returned from Kent Institution to Mission Institution

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Prison warden – Prisons – Transfer of inmates – Judicial review –  Investigations – Disclosure – Test – Procedural requirements and fairness – Remedies – Habeas corpus – Certiorari Khela v. Mission Institution, [2011] B.C.J. No. 2111, 2011 BCCA 450, British Columbia Court of Appeal, November 9, 2011, ...

An appeal by the B.C. Veterinary Medical Association (the “Association”), from an order quashing the decision of the Association’s disciplinary committee and council, was allowed. The B.C. Court of Appeal held that although tribunals normally have the capacity to adjudicate on issues of bias, if the issue is being heard before a different body then this amounts to an abuse of process and is a waste of resources.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Human rights – Discrimination – Veterinarians – Disciplinary proceedings – Judicial review – Abuse of process – test – Jurisdiction – Institutional bias Bajwa v. British Columbia Veterinary Medical Association, [2011] B.C.J. 1065, 2011 BCCA 265, British Columbia Court of Appeal, June 13, 2011, ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...