Toronto Hydro Electric System Ltd. (“Toronto Hydro”) was successful in appealing from a Divisional Court decision that had concluded that the Ontario Energy Board (“OEB”) made an unreasonable decision in deciding that a lower hydro system rate should apply to the installation of the electricity distribution system in the Graywood building where Toronto Hydro and Graywood had agreed to a higher rate prior to the date of installation.

25. July 2006 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Rates – Natural resources – Distribution – Contracts – Validity – Timing – Judicial review – Standard of review – Reasonableness simpliciter Graywood Investments Ltd. v. Toronto Hydro-Electric System Ltd., [2006] O.J. No. 2030, Ontario Court of Appeal, May 24, 2006, K.N. Feldman, J.C. ...

The Court set aside an Order in Council removing the Applicant from his position as Chairman of the Board of Directors of VIA Rail. The Governor General in Council had breached the duty to act fairly by not informing the Applicant of the reason or reasons for dissatisfaction with him and not giving him the opportunity to be heard.

24. January 2006 0
Administrative law – Employment law – Appointment – Termination of employment – Legislation – Orders-in-council – Validity – Judicial review – Procedural requirements and fairness Pelletier v. Canada (Attorney General), [2005] F.C.J. No. 1891, Federal Court Montréal, Quebec, November 18, 2005, Noël J. In 2001, the Applicant had been appointed to hold office at pleasure for a ...

The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

The decision of the Respondent to negotiate and enter into a contract with various companies for the provision of health care services did not fall within the definition of statutory power and therefore the Petitioner did not come within the provisions of the Judicial Review Procedure Act and the petition was dismissed

Administrative law – Government – Contract to provide health services – Outsourcing – Validity – Judicial review application – Parties – Statutory powers – Compliance with legislation British Columbia Government and Services Employees’ Union v. British Columbia (Minister of Health Services), [2005] B.C.J. No. 650, British Columbia Supreme Court, March 23, 2005, Melvin J. The Petitioner ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

An employee’s claim against her former employer under the Ontario Pay Equity Act was barred by virtue of the release and settlement executed by the employee upon her termination

22. March 2005 0
Administrative law – Employment law – Termination of employment – Pay equity – Decisions of administrative tribunals – Human rights complaints – Discrimination – Wage disparity – Settlements – Releases – Validity – Judicial review – Compliance with legislation – Standard of review – Correctness Bucyrus Blades of Canada Ltd. v. McKinley, [2005] O.J. No. 231, Ontario Superior Court ...

Duck Lake Feed Processors Ltd. (“DLFP”) succeeded in obtaining an order setting aside an order issued by the council of Duck Lake directing DLFP to remedy perceived inadequacies in the structure of DLFP’s feed processing facility. The court held that the council did not have sufficient evidence with respect to the actual condition of the building to support the order made.

Administrative law – Municipal boards – Orders – Validity Duck Lake Feed Processors Ltd. v. Duck Lake (Town), [2002] S.J. No. 139, Saskatchewan Court of Queen’s Bench, March 13, 2002, Maher J. DLFP applied pursuant to s. 134(4) of The Urban Municipality Act, 1984 S.S. 1983-1984, c. U-11, for review of an order made by ...