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The Federal Court dismissed judicial review, finding the Minister reasonably concluded no administrative error occurred in mailing a CPP reconsideration letter and that section 7 was not engaged.
The Federal Court dismissed a judicial review of a PSDPA refusal to investigate, holding the decision was procedurally fair, reasonable, and based on personal employment matters.
The British Columbia Court of Appeal dismissed an appeal after finding a Residential Tenancy Branch hearing breached procedural fairness when it ended without reconvening.
The Federal Court set aside a Fishery Officer’s HADD direction over a dock on Pender Island, finding a breach of procedural fairness and apparent pre-determination.
The court quashed police discipline decisions after finding the discipline authority lacked jurisdiction to start a new investigation and had acted unfairly by taking on overlapping roles.
Judicial review of a security screening revocation was allowed because the applicant was not given a written statement of adverse information before the negative decision.
The Federal Court of Appeal held that the application judge did not err in finding the Electoral Officer had acted unilaterally and that the Regulations do not authorize the Electoral Officer to screen out appeals; consequently the appeals must be remitted to the Appeal Committee for redetermination, but the Federal Court’s order excluding the Electoral Officer was set aside because the Regulations expressly entitle the Electoral Officer to chair and vote in Appeal Committee meetings, and subordinate legislation governs procedural rights.
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The Federal Court allowed judicial review of an RCMP grievance decision about Éric Bernard Frémy’s resignation, finding the adjudicator overlooked key evidence of duress.
Federal Court allowed judicial review of an RCMP probationary discharge, finding procedural unfairness where Part V was used for what was in substance disciplinary misconduct.
The Registrar’s conduct — meeting privately with a representative she believed from the Department of Education, reversing a prior rejection shortly after that meeting, deciding without consulting ALI, and issuing the Certificate of Name Change rapidly — gave rise to a reasonable apprehension of bias and breached procedural fairness; alternatively, the Registrar applied an incorrect and insufficient legal test under s.16 by requiring 'calculated to deceive' or actual confusion and failing to consider required contextual factors, rendering the decision unreasonable. The appropriate remedy was…
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