Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Schulich School of Law, Dalhousie University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 91 - 120 of 134

Full-Text Articles in Administrative Law

The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie Aug 1979

The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 19, 1979, pursuant to Section 26 of the Trade Union Act by adding to the classifications of employees excluded from the bargaining unit contained in L.R.B. No. 1996, dated September 18, 1973, the following: Unit Supervisor, Head Nurse (Special Unit), and Head Nurse, other than Head Nurse, Operating Room;

Go to article

United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie Aug 1979

United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …

Go to article

Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera May 1979

Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera

Dalhousie Law Journal

The recent Supreme Court of Canada decision in Jacmain v. A. G. of Can. and the P.S.S.R. Board' partly clarifies the rights and "protections" accorded a federal government probationary worker upon dismissal. Regretably, however, with reference to the role of a grievance adjudicator (a federal tribunal) in such matters, and even more so with reference to the role of the courts in "supervising" the jurisdictional findings of such a tribunal, the Jacmain decision is less instructive. The facts of the case are relatively complex. Jacmain had been an employee with the Department of National Revenue prior to entering a competition …

Go to article

United Rubber, Cork, Linoleum & Plastic Workers Of America V Michelin Tires (Canada) Limited, Innis Christie Apr 1979

United Rubber, Cork, Linoleum & Plastic Workers Of America V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

A COMPLAINT of Unfair Labour Practice having been made to the Labour Relations Board (Nova Scotia) on February 29, 1978, alleging that Michelin Tires (Canada) Limited violated Section 51 (1) (a) and 5 (3) (a) of the Trade Union Act;

Go to article

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie Nov 1978

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie

Innis Christie Collection

I wish to advise you that the Labour Relations Board (Nova Scotia) has granted the request of the Applicant to withdraw the Application for Certification filed with the Board in connection with the above-noted case on September 18, 1978.

Go to article

Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie Nov 1978

Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on October 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Go to article

Kentville Local Of The Nova Scotia Nurses' Union V Kentville Hospital Association, Innis Christie Oct 1978

Kentville Local Of The Nova Scotia Nurses' Union V Kentville Hospital Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on May 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Go to article

United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie May 1978

United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on March 13, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Go to article

O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie May 1978

O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on May 10, 1978, pursuant to Section 49 of the Trade Union Act by O'Toole's Transfer Limited, Sydney, New Glasgow, and Dartmouth, Nova Scotia, that on May 10, 1978, an illegal work stoppage commenced and is continuing by employees of O'Toole's Transfer Limited, who are represented by the Teamsters, Chauffeurs, Warehousemen, Helpers and Miscellaneous Workers, Local 927, by cessation of work in violation of the Trade Union Act;

Go to article

Administrative Law Of The Seventies, Hudson N. Janisch May 1978

Administrative Law Of The Seventies, Hudson N. Janisch

Dalhousie Law Journal

Canadian lawyers make far too little use of the rich body of administrative law which has been developed in the United States. To some extent this is because the very sophistication and complexity of that law makes occasional unorganized forays and serendipitous research intimidating and, all too often, frustrating ventures. The purpose of this review is to introduce the Canadian reader to the latest volume of the leading treatise and to a new one volume textbook. Each, in its own way, may serve as an invaluable guide and introduction to American administrative law. Before going any further it would be …

Go to article

The University Visitor, William Ricquier May 1978

The University Visitor, William Ricquier

Dalhousie Law Journal

Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from …

Go to article

Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie Mar 1978

Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on November 15, 1977, pursuant to Section 52 of the Trade Union Act alleging a breach of Section 52(f), (g), and (h) of the Trade Union Act by the Respondents;

Go to article

United Steelworkers Of America V Trenton Works Division, Innis Christie Mar 1978

United Steelworkers Of America V Trenton Works Division, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on February 20, 1978 pursuant to Section 49 of the Trade Union Act of Nova Scotia by the United Steelworkers of America, Local 1231, on behalf of a number of its members, requesting an Order that the Respondents cease and desist from committing, causing and authorizing a work stoppage and lockout of the individual complainants at the Respondent's place of business in Trenton, Nova Scotia;

Go to article

Recent Developments In Nova Scotian Administrative Law, David J. Mullan Feb 1978

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. …

Go to article

International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie Dec 1977

International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on August 10, 1977, pursuant to Section 29(3) of the Trade Union Act, for an Order declaring that the Respondent, Willow Contracting Limited, is bound by Certification Orders L.R.B. No.'s 771 and 301 and by the voluntary recognition of the Applicant by the Respondent Municipal Spraying and Contracting Limited in the 1977 collective agreement between them and in preceding collective agreements, and for an Order declaring that Willow Contracting Limited is bound by the current collective agreement between Municipal Spraying and Contracting Limited and …

Go to article

Construction Association Management Labour Bureau Limited V International Association Of Heat & Frost Insulators & Asbestos Workers, Innis Christie Nov 1977

Construction Association Management Labour Bureau Limited V International Association Of Heat & Frost Insulators & Asbestos Workers, Innis Christie

Innis Christie Collection

The issue before the Panel on this preliminary objection is whether, on the assumption that the Respondents, contrary to Section 52 (h) of the Trade Union Act, have expelled or suspended an employee of one of the Applicant's member companies or have taken disciplinary action against or imposed any form of penalty on any such employee "by reason of his having refused to perform an act that is contrary to (the Trade Union) Act", that is a matter about which the employer or the Management Labour Bureau on his behalf, can complain under the Trade Union Act.

Go to article

Mccarthy V International Brotherhood Of Electrical Workers, Local 625, Innis Christie Oct 1977

Mccarthy V International Brotherhood Of Electrical Workers, Local 625, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on May 25, 1977, pursuant to Section 52 of the Trade Union Act alleging that the Respondents violated Section 52 (f), (g), and (i) of the Trade Union Act;

Go to article

Construction Association Management Labour Bureau Limited V International Union Of Elevator Constructors, Local 125, Innis Christie Oct 1977

Construction Association Management Labour Bureau Limited V International Union Of Elevator Constructors, Local 125, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on October 13, 1977, pursuant to Section 49 of the Trade Union Act of Nova Scotia by the Construction Association Management Labour Bureau Limited, Accredited Bargaining Agent on behalf of its member Otis Elevator Company Limited, that on October 11, 1977, an illegal work stoppage commenced and is continuing by employees of Otis Elevator Company Limited at the job site at Bayers Road Tower Two construction project and various other construction jobs as required by the Company in the Province of Nova Scotia, …

Go to article

Amherst (Town Of) V The Amherst Police Association, Innis Christie Sep 1977

Amherst (Town Of) V The Amherst Police Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on July 25, 1977, pursuant to Section 26 of the Trade Union Act to exclude the classification of Deputy Chief of Police from the description of the Bargaining Unit contained in L.R.B. No. 1359, dated August 18, 1969;

Go to article

Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie Aug 1977

Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 20, 1977 for revocation or variation of L.R.B. No. 440C by which the Respondent was certified as Bargaining Agent for a Bargaining Unit consisting of all employees of the Applicant engaged in the operation of cranes, bulldozers, trucks in excess of one ton capacity, and similar equipment, all those primarily engaged in the repairing and maintaining of same, but excluding all other employees, Foremen other than Working Foremen, and those equivalent to the rank of Foreman and above, Office Employees, and those employees excluded by Clauses (i) …

Go to article

Mckay V Retail, Wholesale & Department Store Union, Local 1015, Innis Christie Jul 1977

Mckay V Retail, Wholesale & Department Store Union, Local 1015, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 2, 1977, pursuant to Section 27 of the Trade Union Act of Nova Scotia, for Revocation of L.R.B. No. 935, dated June 14, 1965, which certified the Retail, Wholesale & Department Store Union, Local 1015, AFL, CIO, as Bargaining Agent for certain employees of John Hunter Limited (Red & White Foodmaster), Springhill, Nova Scotia, the predecessor of the Intervener employer;

Go to article

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie Jun 1977

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred by the Minister of Labour to the Construction Industry Panel of the Labour Relations Board, pursuant to Section 34 of the Trade Union Act, in which the Complainant alleged that Otis Elevator Company Limited has violated Section 33 (b) of the Trade Union Act by decreasing rates of wages or terms or conditions of employment of employees to whom notice to bargain had been given;

Go to article

Kentville Hospital Employees Association V Kentville Hospital Association, Innis Christie Jun 1977

Kentville Hospital Employees Association V Kentville Hospital Association, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 of the Trade Union Act, wherein the Kentville Hospital Employees Association alleged that the Kentville Hospital Association had violated Section 33 (b) of the Act by altering terms of conditions of employment of one employee, namely David Andrews, in relation to whom notice to bargain had been given;

Go to article

Nova Scotia Government Employees Association V Board Of Governors Of College Of Cape Breton, Innis Christie Jun 1977

Nova Scotia Government Employees Association V Board Of Governors Of College Of Cape Breton, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 (1) of the Trade Union Act in which the Complainant alleged that the College violated Section 33 (a) by failing to made every reasonable effort to conclude and sign a Collective Agreement;

Go to article

Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald Jan 1977

Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald

Dalhousie Law Journal

Rarely does an Administrative Law decision raise the issue of the proper relationship between boards and courts as starkly as the recent Federal Court of Appeal judgment in Delanoy v. Public Service Commission Appeal Board.1 Generally, judicial review tends to focus upon the limits of natural justice (i.e. procedural questions) rather than the problems of formal (non-procedural) jurisdiction and therefore permits courts to assert legalistic values under the guise of "due process". However, almost as if impelled by the favourable comments that their incursions into this field have drawn from academics, the courts have manifested in recent years an almost …

Go to article

Recent Developments In Nova Scotian Administrative Law, David J. Mullan Jul 1976

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

Unlike a number of the subject areas covered by this symposium, Administrative Law in a Nova Scotia context has been much written about in the last three years. There have been two conferences on judicial review of administrative action sponsored by the Dalhousie University Law School Public Services Committee. Many of the papers appearing in the proceedings of those conferences have a distinctly Nova Scotian flavour. Indeed, the 1975 "University and the Law" Conference sponsored by the same Committee also featured a number of papers with a Nova Scotia Administrative Law bent,4 albeit of a much more specialized kind. Then …

Go to article

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry May 1976

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Go to article

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry May 1976

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Go to article

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry May 1976

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Go to article

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry May 1976

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Go to article

First Prev Next Last