Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

Application for judicial review of a decision of the Legal Services Society of British Columbia in which it denied the applicant’s claim for legal aid representation in her family law case; dismissed

17. April 2018 0
Administrative law – Decisions reviewed – Legal Aid Commission – Judicial review – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness – Legal aid M.H. v. Legal Services Society of British Columbia, [2018] B.C.J. No. 217, 2018 BCSC 195, British Columbia Supreme Court, February 9, 2018, H.J. Holmes J. M.H. sought judicial ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...

FCA affirms trial judge’s decision where it overturned RCMP Commission refusal to order a new hearing in disciplinary proceeding because it concluded the outcome was legally inevitable

20. December 2017 0
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable.  The Court of Appeal affirmed the trial judge’s decision.  The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...

Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...