ABCA concludes Arbitrator’s decision that ongoing placement restrictions were justified by testamentary risk unreasonable

20. December 2017 0
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...

BC Supreme Court quashes driving prohibition when Officer’s issuance of the prohibition failed to meet the requisite standard of “reasonable and probable grounds to believe”

15. August 2017 0
Application for judicial review of administrative driving prohibition, with review conducted on the basis of the notice of prohibition and officer’s notes and report, in the absence of a conventional record of proceedings. Administrative law – Decisions reviewed – Motor vehicles – Suspension of driver’s licence – Judicial review – Standard of review – Reasonableness – Permits and licences Chatchot v. Jordan, [2017] ...

Residential Tenancy Branch correct in exercising jurisdiction where proceedings concerned an allegation of repeated late rent payments

15. August 2017 0
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...

BC Supreme Court finds Minister’s decision to cancel licence for public safety concerns is reasonable

Application for judicial review of decision cancelling license of occupation under Land Act, R.S.B.C. 1996, c. 245‎. Administrative Law – Decisions reviewed – Judicial Review – Licences – Ministerial – Natural resources – Public interest – Reasonableness – Standard of Review Falkenstein v. British Columbia (Ministry of Forests Lands and Natural Resource Operations), [2017] B.C.J. ...

Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable

Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...

Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...

Supreme Court of Canada denies fracking opponent a claim for damages against the Alberta Energy Regulator

17. February 2017 0
Dismissal of claim Alberta Energy Regulator breached right of freedom of expression under s. 2(b) of the Charter and for Charter damages. Administrative law – Boards and tribunals – Charter of Rights and Freedoms – Charter relief – Freedom of expression – Human rights complaints – Jurisdiction to grant Charter remedies – Natural resources – ...

Court Ordered Minister of Agriculture to Review Inspector’s Decision to Seize and not return Animals to their Owner

26. October 2016 0
Judicial review from Minister’s review of seizure of animals under Animal Protection Act. Administrative law – Animals – Compliance with legislation – Correctness – Decisions of administrative tribunals – Interpretation – Judicial Review – Ministerial orders – Seizure and disposition of animals – Standard of Review Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. ...

School’s prayer policy discriminated against the belief of Sunni Muslim students

26. October 2016 0
Appeal from decision under Alberta Human Rights Act that school discriminated against students by prohibiting them from performing prayer on campus. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Duty to Accommodate – Failure to provide reasons – Human Rights Commission – Human rights complaints – Judicial Review – ...