Welcome to the September 2006 Administrative Netletter.
In this issue:
Please let me know if you have any questions about any of the cases discussed in the netletter. I would be happy to provide you with additional information.
Sincerely,
William Clark,
Chair, Administrative Law Practice Group
Editor, Administrative Law Netletter
wclark@harpergrey.com
About this Newsletter
The Harper Grey LLP Administrative Netletter provides a monthly review of new cases and emerging issues in Canadian administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.
Decisions of administrative tribunals
Ministerial orders; Employment law - Government employees - Termination of employment; Hearings - Fairness; Judicial review - Natural justice - Procedural requirements and fairness
The Court quashed two Orders of the Governor in Council, first suspending the Applicant without pay from his duties as President and CEO of the Business Development Bank of Canada and, second, terminating his appointment. The Government had failed in its duty to treat the Applicant fairly.Vennat v. Canada (Attorney General), [2006] F.C.J. No. 1251
Consent and Capacity Board; Mental health - Capacity - Substitute decision maker; Judicial review - Bias - Reasonable apprehension of bias - Standard of review - Reasonableness simpliciter
The Court dismissed an appeal of a decision of the Consent and Capacity Board, finding the Appellant incapable of managing her property. The decision was a reasonable one and there were insufficient grounds for an apprehension of bias. L.E. v. Desai, [2006] O.J. No. 3381
For comments or suggestions, please contact:
|
William Clark |
t: 604.895.2808 |
