Decisions of administrative tribunals

Utility and Review Board; Practice and procedure - Administrative tribunals - Examination for discovery - Hearings - Appeals - Disclosure; Judicial review - Procedural requirements and fairness - Standard of review - Correctness
The province unsuccessfully appealed from a decision of the Nova Scotia Utility and Review Board (the “Board”) that a man whose land had been expropriated (“Bishop”) was entitled to an Order directing a Discovery of the province’s expert appraiser. Nova Scotia (Attorney General) v. Bishop, [2006] N.S.J. NO. 411

Human rights complaints

Human Rights Tribunal; Employment - Appointment; Remedies; Hearings; Judicial review - Procedural requirements and fairness - Evidence - Standard of review - Correctness - Reasonableness simpliciter
A former Coast Guard employee (“Brooks”) brought a complaint of racial discrimination under the Canadian Human Rights Act (the “Act”) against the Department of Fisheries and Oceans (the “DFO”). The Human Rights Tribunal determined that DFO had discriminated against Brooks based on his race. The Tribunal then declined to consider the remedies of reinstatement and back pay which Brooks sought. The Attorney General of Canada brought an application for judicial review to set aside the decision that the DFO had discriminated against Brooks and Brooks applied for judicial review of the decision to decline to consider the remedies. Brooks v. Canada (Department of Fisheries and Oceans), [2006] F.C.J. No. 1569

Municipal Boards

Landlord and tenant - Conduct of tenant - By-laws; Practice and procedure - Administrative tribunals - Adjournment - Failure to provide reasons - Appeals - Disclosure; Judicial review - Procedural requirements and fairness - Natural justice; Remedies - Al
A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made. Markwart v. Prince Albert (City), [2006] S.J. No. 676

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