The application by Western Forest Products (“WFP”) and the Association of British Columbia Landowners for judicial review of a series of bylaws adopted by the Capital Regional District (“CRD”) was allowed where the court found that the voting on the bylaws did not take place in accordance with the Local Government Act, R.S.B.C. 1996, c. 323 (the “Act”) and, consequently, the bylaws were illegal

24. February 2009 0
Administrative law – Natural resources – Timber licences – Decisions of administrative tribunals – Ministerial – Regional Districts – Municipalities – Planning and zoning – Change of by-laws – Validity – Voting procedures – Cost sharing – Definition – Judicial review – Compliance with legislation – Standard of review – Correctness Western Forest Products Inc. ...

The City of Hamilton was successful in its motion to quash two applications for judicial review concerning the termination of three former employees where the court held that the public employees were governed by contract law and contract law displaced public law as the more appropriate forum in which the employees were required to seek a remedy, as per Dunsmuir v. New Brunswick [2008] S.C.J. No. 9

24. February 2009 0
Administrative law – Employment law – Termination of employment – Parallel action – Wrongful dismissal – Public law vs. Contract law – Judicial review application – Striking out – Compliance with legislation – Procedural requirements and fairness – Costs Redmond v. Hamilton (City), [2008] O.J. No. 5233, Ontario Superior Court of Justice, December 17, 2008, ...

The appeal by the Yellowknife Public Denominational District Education Authority (the “Board”) was dismissed where the court found that there was no statutory authority in the Northwest Territories, express or implied, requiring that a candidate for trustee of a Catholic public denominational school board be Catholic

24. February 2009 0
Administrative law – Decisions of administrative tribunals – School boards – Composition – Compliance with legislation – Human rights complaints – Religion – Legislation – Constitutional issues Yellowknife Public Denominational District Education Authority v. Euchner, [2008] N.W.T.J. No. 95, Northwest Territories Court of Appeal, December 12, 2008, C.A. Fraser C.J.N.W.T., C.M. Conrad and C. O’Brien ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...

A lawyer (“Sternberg”) was successful in his application for judicial review of a decision of the Ontario Racing Commission (the “Commission”) in which it ordered that Sternberg be prohibited from appearing as counsel before the Commission where the Court held that the hearing before the Commission was conducted in such a way as to raise a reasonable apprehension of bias towards Sternberg

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Racing Commission – Barristers and solicitors – Professional misconduct – Judicial review – Hearings – Conduct of hearings – Contempt – Procedural requirements and fairness – Bias – Reasonable apprehension of bias – test – Compliance with legislation – Jurisdiction of tribunal Sternberg v. Ontario (Racing Commission), ...

The Appeal by Heynen and his outfitter corporation Kusawa from an order dismissing Heynen’s application to quash a 2002 decision by the Minister of Renewable Resources revoking Heynen’s outfitting concession was allowed where the Court held that the trial judge erred in dismissing the action for delay in circumstances where Heynen was attempting to negotiate settlement of the claim with elected officials during the period of delay

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Revocation – Judicial review – Delay – Limitations – Remedies – Certiorari Heynen v. Yukon Territory, [2008] Y.J. No. 68, Yukon Territory Court of Appeal, October 6, 2008, M.N. Newbury, M.E. Saunders and E.C. Chiasson JJ.A. Heynen and Kusawa had ...

The Appeals by three corporations and four individuals from findings of fraud and misrepresentation, and from sanctions imposed by the Securities Commission were dismissed where the Court held that the Commission was entitled to use interview evidence obtained during the investigative process

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Public interest – Judicial review – Hearings – Evidence – Interviews – Disclosure – Hearsay Evidence – admissibility Alberta (Securities Commission) v. Brost, [2008] A.J. No. 1071, Alberta Court of Appeal, October ...

The Petition by the Ministry of Competition, Science and Enterprise (the “Ministry”) for an order quashing a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) was allowed in part where the Court found that the Tribunal should not have heard a portion of a complaint regarding discrimination flowing from a clause in a collective agreement

23. September 2008 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Human Rights Tribunal – Disability – Discrimination – Labour law – Collective agreements – Arbitration – Judicial review – Estoppel and res judicata – Mootness British Columbia (Ministry of Competition, Science and Enterprise) (c.o.b. Liquor Distribution Branch) v. Matuszewski, [2008] B.C.J. No. ...

Petro-Canada was successful in its application for judicial review of a decision made by a Workers’ Compensation Board (“WCB”) Review Officer finding that it had obligations as an “employer” under section 115 of the Workers Compensation Act., R.S.B.C. 1996 c. 492 (the “Act”) to ensure the health and safety of workers employed by the operators of two of its service stations.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Employer – definition – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Petro-Canada v. British Columbia (Workers’ Compensation Board), [2008] B.C.J. No. 1366, British Columbia Supreme Court, July 18, 2008, T.J. Melnick J Petro-Canada is engaged in the ...