WCB decision granting extension of time in status determination is reasonable

17. October 2017 0
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...

Alberta Court of Queen’s Bench finds investigation into physician’s alleged misconduct was adequate and dismisses application for judicial review

The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law  –  Decisions of administrative tribunals  –  College of Physicians and Surgeons  –  ...

Court finds the requirements of procedural fairness not met and remits matter back to the Minister for redetermination in LMIA revocaton issue

The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”).  Before an employer can offer employment to, and seek a work permit ...

Vancouver Police Department Constable ordered to comply with Police Complaints Commission request to attend interview

This proceeding was a petition for judicial review to determine whether a constable of the Vancouver Police Department (“VPD”) must comply with the requests made by an investigating officer of the Office of the Police Complaints Commission (“PCC”) pursuant to s. 101 of the Police Act, R.S.B.C. 1996, c. 367 (the “Act”). The Court held ...

Nurse’s application for judicial review of WCAT decision dismissed for failing to comply with limitation period

20. April 2017 0
Court dismisses judicial review for failing to comply with a legislatively prescribed limitation date. Administrative Law – Decisions of administrative tribunals – Delay – Judicial Review – Legislative compliance – Mental stress – Patent unreasonableness – Standard of Review – Workers Compensation – Workers Compensation Boards Van Dam v. British Columbia (Workers’ Compensation Appeal Tribunal), ...

BC Court of Appeal affirms WCAT decision that accident on the way to employment related retreat “did not arise out of and in the course of their employment”

20. April 2017 0
Appellate court affirms Tribunal’s decision that injuries caused to members of a CEO advisory group did not arise out of and in the course of their employment. Administrative law – Appeals – Decisions of administrative tribunals – Evidence – In and out of the course of employment – Judicial Review – Patent unreasonableness – Policies ...

Privacy Commissioner’s decision to order disclosure was unreasonable as it did not take into account solicitor-client privilege

17. January 2017 0
Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...

It was patently unreasonable for the Tribunal to dismiss Mr. Ma’s appeal from the Director’s Determination without a hearing

17. January 2017 0
When a tribunal is granted a high degree of deference it may not be patently unreasonable for the tribunal to dismiss an appeal of its decision without a hearing. Administrative law – Appeals – Bias – Decisions of administrative tribunals – Employment law – Employment Standards Tribunal – Evidence – Hearings – Judicial Review – ...