The Nova Scotia Court of Appeal found the WCB’s decision that the injured worker’s medical marijuana did not qualify for medical aid under its policy was reasonable, and that the policy itself requiring qualifying medical aid treatment to be consistent with Canadian healthcare standards was intra vires and consistent with the Workers Compensation Act

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...

The BC Court of Appeal found the City of Vancouver’s bylaw authorizing its director of planning to relax zoning bylaw provisions for development proposals that include low cost housing to be valid

15. May 2018 0
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...

ABQB upholds Chief Commissioner’s decision on judicial review, concluding the Chief Commissioner drew a reasonable inference that preference for a female babysitter could be easily explained

20. February 2018 0
A man complained to the Human Rights Commission that he was discriminated against based on gender when a woman failed to consider him for a babysitting position she posted on Kijiji on the basis that he was male. She was looking for someone to babysit her child in her home and preferred a female. The ...

Supreme Court of Canada affirms BC Human Rights Tribunal decision to dismiss application, finding the HRT had jurisdiction over the complaint where section 13 only requires a sufficient nexus with the employment context, and not necessarily a relationship of economic power

20. February 2018 0
The BC Human Rights Tribunal dismissed a respondent’s application to dismiss a complaint against him on the basis that the HRT did not have jurisdiction. The complaint was made by an individual who was not employed by the respondent or the respondent’s employer, but rather, they worked on a mutual project together. The respondent argued ...

Master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation upheld on appeal

19. September 2017 0
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...

Transportation Authority’s decision to refuse anti-abortion advertisement on its buses upheld as reasonable and proportionate on judicial review

19. September 2017 0
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...

Ontario Divisional Court upholds international medical graduate’s dismissal from anesthesia residency program following his failure to satisfy remediation plan requirements

18. July 2017 0
International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan.  The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...

Administrator of Thalidomide Survivors Contribution Program did not breach procedural fairness by denying extension to applicant who did not meet eligibility criteria for financial assistance

18. July 2017 0
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program.  His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...

Airline employee’s application for judicial review of Canadian Human Rights Commission’s decision dismissed

21. June 2017 0
Application for judicial review of the Canadian Human Rights Commission’s decision to dismiss a complaint against applicant’s employer dismissed. Court rejected arguments that Commission’s investigation was insufficiently thorough due to investigator not listening to recordings of witness interviews conducted by applicant, and that investigator had prejudged case and was biased against applicant. Administrative Law – Decisions ...