The Petitioner company unsuccessfully brought a petition for judicial review in respect of the Respondents’ position of penalties regarding the Petitioner’s timber harvesting

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Penalties – Natural resources – Forestry – Timber licences – Hearings – Right to hearing – Judicial review – Compliance with legislation – Powers under legislation – Natural justice 656632 British Columbia Ltd. v. British Columbia (Minister of Forests and Range), [2010] B.C.J. No. ...

The Applicant, Ms. Fawcett, unsuccessfully brought an application for judicial review of a decision made by the Respondent, Canadian Chiropractic Examining Board, which refused to permit her to write an examination on June 12, 2010 as she did not apply for the exam or pay the required fee by the applicable deadline

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...

Mr. Tsui, an employee of the Respondent, Canada Post, was unsuccessful in bringing an application for judicial review in respect of the Canadian Human Rights Commission’s decision to dismiss his complaint after an initial investigation

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness Tsui v. Canada Post Corp., [2010] F.C.J. No. 1066, 2010 FC 860, Federal Court, August 30, 2010, O’Keefe J. The ...

The Applicants successfully brought an application for judicial review of a decision made by the Executive Director of the Human Rights Commission in which the Executive Director dismissed their complaint as being out of time

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Limitations – Discoverability rule – Judicial review – Standard of review – Reasonableness simpliciter PEI Music and Amusement Operations Association Inc. v. Prince Edward Island, [2010] P.E.I.J. No. 43, 2010 PESC 40, Prince Edward Island Supreme Court, ...

The Applicant, Mr. Khadr, successfully sought judicial review of the decision, made by the Respondent, Canada, not to seek his repatriation from Cuba and its decision to send a diplomatic note to the government of the United States

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Criminal matters – Out of jurisdiction treatment – Extradition and repatriation – Charter of Rights and Freedoms – Life, liberty or security of the person – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Disclosure – Remedies – Mandamus ...

The Petitioner, Mr. Westergaard, successfully sought judicial review of a decision of the Financial Services Tribunal (the “Tribunal”). The Tribunal’s decision had upheld the decision of the Registrar of Mortgage Brokers cancelling Mr. Westergaard’s registration. The Respondent, Registrar of Mortgage Brokers, unsuccessfully brought its own petition for judicial review of the Tribunal’s decision that section 22(7) of the Mortgage Brokers Act applied to suitability hearings.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Financial Services Tribunal – Registrar of Mortgage Brokers – Mortgage brokers – Penalties and suspensions – Competence – Hearings – Limitations – Judicial review – Evidence – Previous complaints – Compliance with legislation – Standard of review – Patent unreasonableness Westergaard v. British Columbia (Registrar of Mortgage ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

The Applicant (“Mymryk”) successfully brought an application for judicial review in respect of the Appeal Division’s decision, which affirmed the Parole Board’s decision denying him parole based, in part, on reports that were not disclosed to him

24. August 2010 0
Administrative law – Prisons – National Parole Board hearings – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Disclosure Mymryk v. Canada (Attorney General), [2010] F.C.J. No. 779, 2010 FC 632, Federal Court, June 10, 2010, Martineau J. Mymryk, the applicant, served a life sentence for first degree ...

The applicant Ukrainian Museum was denied its application to stay or quash the proceedings before the respondent Human Rights Commission as the application was premature

26. June 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Unreasonable delay – Test – Judicial review – Delay – Judicial review application – Striking out – Premature Ukrainian Museum of the Ukrainian v. Saskatchewan (Human Rights Commission), [2010] S.J. No. 256, 2010 SKQB 162, Saskatchewan Court of Queen’s Bench, April ...