The Appellants, a group of farmers, successfully appealed the decision of a Federal Court Judge who dismissed their application for a judicial review and held that they did not have personal standing to bring the application. The application for judicial review related to a Ministerial directive issued by the Respondent Government, which changed the process for the elections of directors to the Canadian Wheat Board.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Associations and clubs – Governance – Voting rights – Judicial review – Applications – Parties – Standing Friends of the Canadian Wheat Board v. Canada (Attorney General), [2011] F.C.J. No. 297, 2011 FCA 101, Federal Court of Appeal, March 16, 2011, Létourneau, Nadeau and ...

The Applicant (1447743 Alberta Ltd.) sought leave to appeal a decision of the Respondent City’s Subdivision and Development Appeal Board, which overturned the City’s previous decision to issue a development permit to the Applicant. As a preliminary matter on the leave to appeal application, the Applicant raised concerns regarding the permissible degree of participation of the Board in the leave to appeal application.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Appeals – Leave to appeal – Tribunal’s power to participate in leave application – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Parties – Standing 1447743 Alberta Ltd. v. Calgary (City), [2011] A.J. No. 263, 2011 ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

26. April 2011 0
Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

The Appellant (the Workers’ Compensation Board) successfully appealed a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The WCAT had allowed a claim for compensation made by the Respondent (Ms. Cormier) but its decision was found to disclose a reasonable apprehension of bias.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Bias – Evidence – Standard of review – Correctness Prince Edward Island (Workers’ Compensation Board) v. Cormier, [2011] P.E.I.J. No. 2, 2011 PECA 1, Prince Edward Island Court of Appeal, January 7, 2011, D.H. Jenkins ...

The Appellant (Celgene Corporation) unsuccessfully appealed a decision of the Respondent (the Patented Medicine Prices Review Board), which had decided it possessed the authority to require Celgene to provide certain pricing information

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Patented Medicine Prices Review Board – Consumer protection – Intellectual property – Patents – Legislation – Statutory interpretation – Judicial review – Compliance with legislation – Disclosure – Jurisdiction – Standard of review – Correctness Celgene Corp. v. Canada (Attorney General), [2011] S.C.J. No. 1, 2011 SCC ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

The Appellants (the Workers’ Compensation Appeal Tribunal and the Workers’ Compensation Board) successfully appealed a decision of the Supreme Court, which had remitted Mr. Kerton’s matter (a request for an extension of time to file an appeal) back to the Tribunal for reconsideration

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Leave to appeal – Limitations – Extension of time – Compliance with legislation – Privative clauses – Jurisdiction – Delay – Standard of review – Patent unreasonableness Kerton v. British Columbia (Workers’ Compensation Appeal Tribunal), [2011] ...

The petitioner, Amix, unsuccessfully brought a petition for an order of mandamus, which would have required the respondents (City of Chilliwack and its Approving Officer) to make an improvement to the water line on its land

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Building permits – By-laws – Utility services – Judicial review – Public officer – Remedies – Mandamus – Availability Amix Salvage & Sales Ltd. v. Chilliwack (City), [2010] B.C.J. No. 2067, 2010 BCSC 1493, British Columbia Supreme Court, ...

The Appellant Health Authority successfully appealed a decision of the Saskatchewan Court of Queens Bench which had upheld the decision of the Practitioner Staff Appeals Tribunal. The Tribunal had decided it could hear an appeal brought by the Respondent physicians, Drs. Kutzner and Blackwell relating to a reduction in their operating room time.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Hospital privileges – Judicial review – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Prairie North Regional Health Authority v. Kutzner, [2010] S.J. No. 650, 2010 SKCA 132, Saskatchewan Court of Appeal, October 27, 2010, J. Klebuc C.J.S., ...