The Dunsmuir case adds another interesting change to the administrative law landscape. The decision deals with procedural fairness and termination of a public office holder. The decision holds that if the employment relationship is contractual in nature that procedural fairness principles do not apply to the termination: [112] In our view, the distinction between office […]
Mitigating a termination is one of those thorny issues that just got more thorns. Generally, upon termination an individual is expected to mitigate the loss by finding alternative work to make up for the present employment loss. Probably the last place that you would want to do that is with your present employer. Having said […]
It never crossed my mind that blogging could get you into so much trouble or that it could be so inaccessible. See this article about Cuban Bloggers. Restricted internet access, sneaking into hotels to log on, $6.00 for an hour long logon on a $20.00 per month salary, jail time for breaking the “rules”? And […]
See this Washington Post article about the Saudi Blogger who was in jail for four month without charge.
The ATA dictates procedure and standards of review for many BC tribunals. Interesting question is how the Dunsmuir case affects statutorily prescribed standards of review. Now you have your answer in, Howe v. 3770010 Canada Inc., 2008 BCSC 330. The Court determined that section 58(2)(a) (patently unreasonable) applied to the tribunal in question and proceeded […]