Decisions of administrative tribunals

Disability Support Program; Hearings - Appeals; Judicial review - Evidence - Natural justice
The Court dismissed the appeal by the Director of Ontario Disability Support Program from a decision by the Divisional Court allowing Crane’s appeal from the denial of her claim for disability benefits and ordering a new hearing. Crane v. Ontario (Director, Disability Support Program), [2006] O.J. No. 4546

Coroner’s inquest; Judicial review - Parties - Standing - Test - Public interest; Bias
The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing. Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553

Workers Compensation Boards; Workers compensation - Benefits - In and out of the course of employment; Judicial review - Appeals - Parties - Standing - Standard of review - Reasonableness simpliciter - Patent unreasonableness
An employer (“Nabors”) was unsuccessful in appealing a Queen’s Bench decision dismissing an appeal from a decision of the Workers’ Compensation Board (“WCB”) Appeals Commission enabling a worker’s spouse to receive survivor benefits under the Workers’ Compensation Act (the “Act”). Nabors Canada LP v. Alberta (Workers’ Compensation Appeals Commission), [2006] A.J. No. 1507

Funeral Services; Permits and licences - Suspensions; Judicial review - Procedural requirements and fairness - Test - Standard of review - Reasonableness simpliciter
After an inspection found that funeral contracts offered by Strong did not contain a detailed listing of the goods and services to be provided, and following on a complaint to the Board that Strong and his assistant were personally signing cremation authorizations forms rather than having a personal representative of the deceased do so, Strong’s licence was suspended by the Alberta Funeral Services Regulatory Board (the “Board”). Strong appealed, and the Appeal Board substituted a six-month license suspension and a reprimand. The Board appealed to the Court of Queen’s Bench which dismissed the appeal. Alberta (Funeral Services Regulatory Board) v. Strong, [2006] A.J. No 558

Human rights complaints

Discrimination - Race; Decisions of administrative tribunals - Human Rights Commission; Aboriginal issues - Jurisdiction - Parties - Standing; Judicial review - Appeals - Standard of review - Patent unreasonableness
An application for judicial review of a decision by the Human Rights Commission declining to grant summary dismissal of a complaint regarding publications about a First Nations home for adolescent males alleged to be discriminatory on the basis of race and other factors was dismissed. Carson v. Knucwentwecw Society, [2006] B.C.J. No 3102

Judicial Review Application

Practice and procedure - Adjournment; Motor vehicles - Breathalyser test - Decisions of administrative tribunals - Superintendent of Motor Vehicles; Hearings - Failure to produce records
The appeal by the Superintendent of Motor Vehicles from an order quashing a decision confirming Bahia’s prohibition was allowed where the Court held that the failure of the Superintendent to provide legible copies of certain documents to Bahia was not fatal to the administrative process involved in issuing a driver’s prohibition. Bahia v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 2948

Municipalities

Permits and licences - Building permits - Powers under legislation; Legislation - Ultra vires; Judicial review - Compliance with legislation - Standard of review - Correctness
The appeal by a manufacturer of “sandwich panels” used in the construction of solariums or sunrooms (“Craft-Bilt”) of the refusal of the Chief Building Officer of the City of Toronto to issue building permits for three properties was allowed where the Court found that it was beyond the power of the municipality to eliminate a means of approval for materials and design that was mandated by the Legislature. Craft-Bilt Materials, Ltd. v. Toronto (City), [2006] O.J. No. 4710

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