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 ...

Generic manufacturers’ applications for a Notice of Compliance did not trigger notice requirements found in Patented Medicine (Notice of Compliance) Regulations

20. December 2016 0
The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...

Supreme Court of Canada clarifies that Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces

24. November 2016 0
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...