Administrative law – Workers compensation – Loss of earnings pension – Judicial review – Evidence – Jurisdiction – Remedies – Certiorari Jones v. British Columbia (Workers’ Compensation Board), [2003] B.C.J. No. 2556, British Columbia Court of Appeal, November 7, 2003, Esson, Donald and Smith JJ.A. Jones initially sought compensation for a work-related injury to his lower back ...
Administrative law – Permits and licences – Compliance with legislation – Renewal of business licence – Illegal activities – Judicial review – Administrative decisions – Municipal councils – Hearsay evidence – Jurisdiction – Standard of review – Patent unreasonableness Coquitlam (City) v. 517011 B.C. Ltd. (c.o.b. Ultimate Shiatsu), [2003] B.C.J. No. 2682, British Columbia Supreme Court, ...
Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Conduct of tenant – Residential premises – Definition – Residential property – Decisions of administrative tribunals – Housing Commission – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Schubach v. British Columbia (Housing Management Commission), [2003] B.C.J. No. 2664, British Columbia Court ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Employment law – Wrongful dismissal – Parallel action – Jurisdiction of court to hear human rights complaint – Estoppel and res judicata – Judicial review – Standard of review – Correctness Kaiser v. Dural, a division of Multibond Inc., [2003] N.S.J. No. 418, Nova Scotia Court ...
Administrative law – Decisions of administrative tribunals – College of Hearing Aid Practitioners – Disciplinary proceedings – Evidence – Professional misconduct or conduct unbecoming – Supervision of trainee – Delegated supervision – Judicial review – Standard of review – Reasonableness simpliciter – Correctness College of Hearing Aid Practitioners of Alberta (Council of) v. Zieniewicz, [2003] A.J. ...
Administrative law – Charitable organizations – Governance and funding – Powers of government – Decisions of administrative tribunals – Ministerial orders – Jurisdiction – Judicial review – Procedural requirements and fairness – Compliance with legislation – Standard of review – Patent unreasonableness Byl (Litigation guardian of) v. Ontario, [2003] O.J. No. 3436, Ontario Superior Court of Justice ...
Administrative law – Environmental issues – Contaminated sites – Remediation – Decisions of administrative tribunals – Ministerial orders – Impartiality – Conflict of interest – Personal interests – Judicial review – Procedural requirements – Fairness Imperial Oil Ltd. v. Quebec (Minister of the Environment), [2003] S.C.J. No. 59, Supreme Court of Canada, October 30, 2003, McLachlin C.J. ...
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial intervention – Physicians and surgeons – Disciplinary proceedings – Sentencing – Public interest – Suspensions Markman v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3855, Ontario Superior Court of Justice, October 1, 2003, McRae, Gravely and Jennings JJ. ...
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Appeals – Judicial review – Public hearings – Procedural requirements and fairness – Disclosure Hubbard v. West Vancouver (District), [2003] B.C.J. No. 2546, British Columbia Supreme Court, October 28, 2003, Stromberg-Stein J. The court held that there was a breach of procedural fairness ...
Administrative law – Labour law – Arbitration – Collective agreements – Jurisdiction of labour arbitrator to hear human rights complaints – Human rights complaints – Discrimination – Judicial review – Jurisdiction – Standard of review – Correctness Canpar Industries v. International Union of Operating Engineers, Local 115, [2003] B.C.J. No. 2577, British Columbia Court of Appeal, November ...