The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

The Applicant, Chartered Professional Accountants of British Columbia (“CPABC”), unsuccessfully sought leave to appeal a decision of the British Columbia Supreme Court. The Supreme Court had allowed a statutory appeal from a discipline decision made by the CPABC against the Respondent, Mr. Vuong Nguyen.

18. September 2018 0
Administrative law – Decisions reviewed – Chartered Professional Accountants Disciplinary Committee – Judicial review – Appeals – Correctness – Accountants – Disciplinary proceedings – Procedural fairness Nguyen v. Chartered Professional Accountants of British Columbia, [2018] B.C.J. No. 1428, 2018 BCCA 299, British Columbia Court of Appeal, July 17, 2018, J.E.D. Savage J.A. (In Chambers) Mr. ...

The Appellant, University of British Columbia, successfully appealed the order of a Chambers Judge. The Chambers Judge had denied its petition for judicial review of a decision of an adjudicator in the Office of the Information and Privacy Commissioner (OIPC). The adjudicator had ordered certain admissions criteria to be disclosed to the Respondent, Mr. Lister.

Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness University of British Columbia v. Lister, [2018] B.C.J. No. 658, 2018 BCCA 139, British Columbia Court of Appeal, April 13, 2018, M.V. Newbury, P.A. ...

The Appellant, Downtown Vancouver Business Improvement Association (the “Association”), successfully appealed a decision from a Chambers Judge in the Supreme Court of BC. The Chambers Judge had granted an application for judicial review made by the Respondent, Vancouver Area Network of Drug Users (the “Network”), in relation to a BC Human Rights Tribunal decision. In the result, the BC Court of Appeal reinstated the earlier decision of the BC Human Rights Tribunal, which had dismissed the Network’s complaint against the Association.

Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Race – Judicial review – Appeals – Standard of review – Correctness – Reasonableness Vancouver Area Network of Drug Users v. British Columbia (Human Rights Tribunal), [2018] B.C.J. No. 644, 2018 BCCA 132, British Columbia Court of Appeal, April 11, 2018, H. Groberman, ...

SKQB holds that its jurisdiction, with respect to the suspension of surgical privileges, did not arise until after the Tribunal rendered a decision in discipline process

20. February 2018 0
Dr. Patel had surgical privileges in the respondent, Regina Qu’Appelle Regional Health Authority (the “Health Authority”). Dr. Patel commenced an application for judicial review while he was still involved in a discipline process of the Health Authority. The Health Authority’s Senior Medical Officer successfully applied to quash the application for judicial review. Administrative law – ...

Unsuccessful application for judicial review of decision made by Social Security Tribunal denying Applicant’s claim for disability benefits

20. February 2018 0
The Applicant, Ms. Garshowitz, was unsuccessful in her application for judicial review of a decision made by the Respondent’s Social Security Tribunal. The Tribunal had denied the Applicant’s claim for disability benefits. Administrative law – Decisions reviewed – Pension Appeals Board – Hearing de novo – Judicial review – Appeals – Procedural requirements and fairness ...

Unsuccessful application for judicial review of arbitrator’s decision to substitute a two day suspension for the demotions of two firefighters employed by the City

20. February 2018 0
The Applicant, the Corporation of the City of St. Catharine’s, unsuccessfully applied for judicial review of an arbitration decision regarding two firefighters employed by the City. The firefighters had been represented by the Respondent, St. Catharine’s Professional Fire Fighters’ Association in asking an arbitrator to set aside their demotion. Administrative law – Decisions reviewed – ...

Canadian Human Rights Commission’s finding that bank employee had been accommodated is unreasonable

The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint.  The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability.  The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...

Court finds decision of the Chief to uphold applicant’s release from the Canadian Armed Forces due to the misuse of alcohol is reasonable

The Applicant, Mr. Darren Blair, applied for judicial review of a decision of the Respondent, National Defence Canada.  The Respondent had dismissed Mr. Blair from the Canadian Armed Forces on the basis he was Unsuitable for Further Service.  Mr. Blair’s application for judicial review was dismissed. Administrative law – Decisions of administrative tribunals – Government ...