Sara J. Blake

The applicant sought judicial review of an arbitrator's interim procedural ruling that issued a summons compelling the production of a Wagg brief in a grievance arbitration.

The Divisional Court dismissed the application, holding that it is premature to judicially review interlocutory decisions of administrative decision-makers.

The court found that the arbitrator has the authority to rule on her own jurisdiction and procedural matters, and that fragmenting the arbitration process would frustrate legislative goals.

The Minister of Community Safety and Correctional Services applied for judicial review of a decision by the Information and Privacy Commissioner (IPC) ordering the disclosure of dates when DNA samples were collected and reported.

The Divisional Court found that the IPC breached the duty of procedural fairness by failing to give notice of the appeal to the victims or representatives of deceased victims, whose privacy rights were engaged.

The court allowed the application and referred the matter back to the IPC for reconsideration on notice to the affected parties, to allow for a complete balancing of interests.

The applicants sought an order of mandamus to compel the Ministry of the Environment to issue a Renewable Energy Approval for a wind energy project, or alternatively, to compel a decision.

The applicants argued they had a legitimate expectation of a decision within six months based on a Ministry service standard.

The Divisional Court dismissed the application, finding no clear legal duty to issue the approval and no enforceable right arising from the service standard.

The Court also held that the Director reasonably postponed the decision due to pending litigation regarding the Crown's duty to consult aboriginal people.

Declaratory relief was also denied.