Applying administrative law principles Ontario Court of Appeal confirmed insurance arbitrator’s decision was unreasonable

26. October 2016 0
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...

The British Columbia Supreme Court dismisses an application for judicial review, holding that the Worker’s Compensation Appeal Tribunal did not fetter its discretion by relying on a policy to interpret the applicable legislation and that the Tribunal’s decision was not patently unreasonable

28. June 2011 0
Administrative law – Workers Compensation – Disability – Unreasonableness Phillips v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] B.C.J. No. 835, 2011 BCSC 576, British Columbia Supreme Court, May 3, 2011, P. Rogers J. The petitioner, Glynis Phillips, seeks an order setting aside a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The sole issue ...

Ewachniuk appealed a decision of a hearing panel of the Respondent Law Society of British Columbia that had found him guilty of professional misconduct in “attempting to intimidate” and in “actually intimidating” two witnesses from giving evidence at trial and in requesting Crown counsel lay charges against the same witnesses “for the purpose of preventing them from coming to Canada to give evidence in court”. The hearing panel further found that Ewachniuk must be disbarred as a result of misconduct and ordered him to pay the costs of the hearing. All grounds of appeal were dismissed.

22. July 2003 0
Administrative law – Judicial review – Administrative decisions – Standard of review – Unreasonableness – Delay – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Disbarment – Costs Ewachniuk v. Law Society of British Columbia, [2003] B.C.J. No. 823, British Columbia Court of Appeal, April 15, 2003, Newbury, Huddart and Saunders JJ.A. A ...

A senior air traffic controller (“Hudgin”) succeeded in obtaining an order overturning the decision of the Appeal Panel of the Civil Aviation Tribunal which had confirmed a penalty against Hudgin for giving instructions contrary to the applicable standards governing the separation of aircraft on a runway. The court held that Hudgin was not in breach of his statutory duty as the improper direction at issue was actually made by a trainee under the supervision of Hudgin.

23. April 2002 0
Administrative law – Aeronautics – Air traffic controllers – Supervision of trainee – Compliance with legislation – Judicial review – Standard of review – Unreasonableness Hudgin v. Canada (Minister of Transport), [2002] F.C.J. No. 369, Federal Court of Appeal, March 14, 2002, Décary, Sexton and Evans JJ.A. On December 16, 1997, an air traffic controller-trainee at ...