November 2008 – Schenk & Associates

Bias and Impartiality

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns…

Post Dunsmuir Standard of Review

by Johannes Schenk / On November 27, 2008 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

What's a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review…

One Person One Fare: That’s Fair

by Johannes Schenk / On November 23, 2008 / In Human Rights Law

A Supreme Court of Canada appeal of the Canada Transportation Agency's One Person One Fare ruling has been denied. Surprising how much press the decision has garnered. Surprising how out of it the airline spokespeople sound when they speak about…

Professional Associations: Natural Justice Rules

by Johannes Schenk / On November 19, 2008 / In Professional Discipline

Wang v. British Columbia Medical Association, 2008 BCSC 1559, is another recent analysis of fairness rules in the context of a voluntary professional association. The decision has an excellent summary of the law concerning rules of fairness in voluntary professional…

Muncipal Declaratory Relief

by Admin / On November 19, 2008 / In Municipal Law

Gook Country Estates Ltd. v. Quesnel (City of), 2008 BCCA 407, deals with the issue of the Court's discretion in granting declaratory relief. There is an excellent summary about the factors that the Court will rely on when considering whether…

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