An application for production of documents from a decision maker in the context of a judicial review application is denied

22. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

A landlord (Fok) was unsuccessful on judicial review of a decision of a dispute resolution officer under the Residential Tenancy Act, which had ordered the landlords to pay compensation to their former tenants for missing jewellery, and had denied the landlords’ claim for losses associated with repair, garbage disposal and cleaning, and found against them as to whether they had a legal right to change the locks and to retake actual possession of the rental unit

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Conduct of tenant – Termination – Tenant’s goods – Damages – Judicial review – Evidence – Jurisdiction – Standard of review – Patent unreasonableness – Test Fok v. British Columbia (Residential Tenancy Act, Dispute Resolution ...

The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The applicant Ukrainian Museum was denied its application to stay or quash the proceedings before the respondent Human Rights Commission as the application was premature

26. June 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Unreasonable delay – Test – Judicial review – Delay – Judicial review application – Striking out – Premature Ukrainian Museum of the Ukrainian v. Saskatchewan (Human Rights Commission), [2010] S.J. No. 256, 2010 SKQB 162, Saskatchewan Court of Queen’s Bench, April ...

The appellant, Pope & Talbot, was granted cutting rights to land in the Arrow Boundary Forest District. Logging was carried out by a subcontractor, who in turn retained a falling subcontractor to cut the trees. The falling subcontractor mistakenly clear cut an area in contravention of the Forest Practices Code of British Columbia, R.S.B.C. 1996 (“the Code”). The District Manager found that the appellant, the contractor, and the falling subcontractor contravened the Code and imposed a penalty. The Court upheld that decision.

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Penalties – Forest practices – Due diligence – test – Contracts – Subcontractors – Judicial review – Compliance with legislation – Standard of review – Correctness Pope & Talbot Ltd. v. British Columbia, [2009] B.C.J. No. 2492, 2009 BCSC 1715, British Columbia Supreme ...

The Court allowed a petition for judicial review of two decisions of the Workers’ Compensation Appeal Tribunal, which had denied compensation to the Petitioner for psychological problems he claimed were a consequence of a prior back injury. The Court found that the Appeal Tribunal had made a patently unreasonable error by applying an incorrect legal test in determining whether the Petitioner’s psychological problems were compensable.

26. January 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Psychological injury – employment related – Test – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Chima v. British Columbia (Workers’ Compensation Appeal Tribunal), [2009] B.C.J. No. 2281, 2009 BCSC 1574, British Columbia ...

The Appellant, Milner Power Inc., successfully sought leave to appeal a decision made by the Alberta Energy and Utilities Board with regards to its decision to decline to hold a hearing into the Appellant’s complaint

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Natural resources – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Test Milner Power Inc. v. Alberta (Energy and Utilities Board), [2009] A.J. No. 989, 2009 ABCA 305, Alberta Court of Appeal, September 21, 2009, E.A. McFadyen ...

The Court of Appeal set aside a decision of the Workers’ Compensation Commission, which had denied the appellant pension benefits, following her estranged husband’s death in a work-related accident, on the basis that the appellant and her child were not “dependants”. The Court of Appeal found that the Commission had failed to apply the correct test with respect to whether the appellant and her child were “dependents”.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Dependant – definition – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Interpretation of legislation – Evidence – Test Elgie v. Alberta (Workers’ Compensation Appeals Commission), [2009] A.J. No. 899, Alberta Court of Appeal, ...

The appeal by an injured worker (“Young”) from a decision of the Workers’ Compensation Appeal Tribunal (the “Tribunal”) limiting his entitlement to extended earnings replacement benefits was dismissed where the Court found that the Tribunal had evidence upon which to conclude that Young was capable of working after his initial accident in 1997, despite later becoming unable to work because of disk herniation

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Loss of earnings – Transferable skills – Test – Judicial review – Evidence – Compliance with legislation Young v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2009] N.S.J. No. 157, Nova Scotia Court of Appeal, April 15, 2009, J.W.S. ...

The Applicant University (the “University”) sought a judicial review of a human rights panel decision not to add the Canadian Union of Public Employees, Local 1870 (the “Union”) as a Respondent to certain complaint proceedings. The University’s application was granted and the human rights panel was directed to add the Union as a party.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Labour law – Collective agreements – Mandatory retirement – Universities – Judicial review – Parties – Standard of review – Correctness – Practice and procedure – Adding parties – test University of Prince Edward Island v. Nilsson, [2009] ...