Administrative law – Practice and procedure – Boards and tribunals – Right of parties to choose an agent Thomas v. Assn. of New Brunswick Registered Nursing Assistants, [2003] N.B.J. No. 327, New Brunswick Court of Appeal, September 4, 2003, Rice, Turnbull and Robertson JJ.A. The Appellant, a Registered Nursing Assistant, appeared before a Disciplinary Committee of ...
Administrative law – Human rights complaints – Discrimination – Wage disparity – Gender – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Reasonableness Reid v. Vancouver (City), [2003] B.C.J. No. 2043, British Columbia Supreme Court, September 3, 2003, Garson J. Section 12 of the Human Rights Code, R.S.B.C. 1996, ...
Administrative law – Environmental issues – Forest practices – Precautionary principle – Wildlife habitat – Spotted Owl – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Western Canada Wilderness Committee v. British Columbia (Ministry of Forestry, South Island Forest District), [2003] B.C.J. No. 1581, British Columbia Court of Appeal, July 8, ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Minister of Health and Long-Term Care) v. Ontario (Assistant Information and Privacy Commissioner), [2003] O.J. No. 2601, Ontario Superior Court of Justice, June 26, 2003, Blair, Lang and C. ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Telephone listings – Fee for unlisted numbers Englander v. Telus Communications Inc., [2003] F.C.J. No. 975, Federal Court of Canada – Trial Division, June 3, 2003, Blais J. The Applicant Englander, a customer of Telus Communications Inc. (“Telus”) for local residential telephone ...
Administrative law – Aboriginal issues – Firearms registration – Infringement on Aboriginal rights – Damages – Stay of proceedings Nunavut Tunngavik Inc. v. Canada (Attorney General), [2003] Nu.J. No. 2, Nunavut Court of Justice, July 8, 2003, Kilpatrick J. The Plaintiff Nunavut Tunngavik Incorporated (“NTI”), on behalf of Inuit enrolled as beneficiaries under the Nunavut Land ...
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Remedies – Declaratory relief – Human rights complaints – Discrimination – Sexual orientation – Gender – Parent – definition – Judicial review – Standard of review – Correctness British Columbia (Minister of Health Planning) v. British Columbia (Human Rights Tribunal), [2003] B.C.J. No. 17552, British ...
Administrative law – Physicians and surgeons – Governance – Competence committee – Confidentiality of findings – Jurisdiction – Public interest – Judicial review application Anstead v. College of Physicians and Surgeons of Saskatchewan, [2003] S.J. No. 463, Saskatchewan Court of Queen’s Bench, May 26, 2003, G.A. Smith J. Anstead was a registered physician with the College ...
Administrative law – Workers compensation – Subrogated actions – Administrative decisions – Statutory provisions – Use – Definition – Statutory interpretation vs. judicial interpretation – Judicial review application – Standard of review – Patent unreasonableness Warford v. Weir’s Construction Ltd., [2003] N.J. No. 178, Newfoundland and Labrador Supreme Court – Court of Appeal, July 17, 2003, Cameron, ...
Administrative law – Decisions of administrative tribunals – Securities Commission – Compliance with rules and by-laws – Jurisdiction – Stock brokers – Disciplinary proceedings – Governance – Restructuring of stock exchanges – Survival of contracts – Judicial review – Standard of review – Correctness Gill v. Canadian Venture Exchange Inc., [2003] B.C.J. No. 1767, British Columbia Court ...