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 ...

Court granted public standing to a First Nation’s representative in a judicial review of Yukon Coroner’s decision not to conduct an inquest

24. November 2016 0
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack.  The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...

A caution issued by Newfoundland and Labrador Pharmacy Board against a pharmacist was set aside by court

The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...

Court of Appeal reviews the Standard of proof applicable to a finding of misconduct under Ontario Police Services Act

The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...

Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...