Smith v The Appeal Commission
| Jurisdiction | Manitoba |
| Court | Court of Appeal (Manitoba) |
| Judge | Cameron,Mainella,Pfuetzner |
| Citation | 2023 MBCA 23 |
| Date | 06 March 2023 |
| Docket Number | AI21-30-09701 |
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13 practice notes
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Yatar v. TD Insurance Meloche Monnex
...3; Canada (Auditor General) v. Canada (Minister of Energy, Mines and Resources), [1989] 2 S.C.R. 49; Smith v. The Appeal Commission, 2023 MBCA 23, 479 D.L.R. (4th) 121; Wongkingsri v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2022 ABQB 545, 61 Alta. L.R. (7th) 170; Zar......
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Blockchain Labrador Corporation v. Board of Commissioners of Public Utilities
...S.C.R. 107; Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653; Smith v. The Appeal Commission, 2023 MBCA 23; Wongkingsri v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2022 ABQB 545; Zarooben v. Workers’ Compensation Board, 202......
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Canada (Attorney General) v. Pier 1 Imports (U.S.), Inc.
...Monnex, 2022 ONCA 446, 2022 A.C.W.S. 1702 (leave to appeal to SCC granted, 40348 (9 March 2023)) (Yatar); Smith v. The Appeal Commission, 2023 MBCA 23, 479 D.L.R. (4th) 121; Best Buy; BCE; Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2021 FCA 72, [2021] 3 F.C.R. 29......
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Fehr v. Manitoba (Health Insured Benefits, Insurance Division)
...review of the appeal decision are set out in Vavilov and have been summarized by this Court in Smith v The Appeal Commission, 2023 MBCA 23 at para 75. [100] The other non-controversial aspect of this case is that the ap......
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11 cases
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Yatar v. TD Insurance Meloche Monnex
...3; Canada (Auditor General) v. Canada (Minister of Energy, Mines and Resources), [1989] 2 S.C.R. 49; Smith v. The Appeal Commission, 2023 MBCA 23, 479 D.L.R. (4th) 121; Wongkingsri v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2022 ABQB 545, 61 Alta. L.R. (7th) 170; Zar......
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Blockchain Labrador Corporation v. Board of Commissioners of Public Utilities
...S.C.R. 107; Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653; Smith v. The Appeal Commission, 2023 MBCA 23; Wongkingsri v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2022 ABQB 545; Zarooben v. Workers’ Compensation Board, 202......
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Canada (Attorney General) v. Pier 1 Imports (U.S.), Inc.
...Monnex, 2022 ONCA 446, 2022 A.C.W.S. 1702 (leave to appeal to SCC granted, 40348 (9 March 2023)) (Yatar); Smith v. The Appeal Commission, 2023 MBCA 23, 479 D.L.R. (4th) 121; Best Buy; BCE; Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2021 FCA 72, [2021] 3 F.C.R. 29......
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Fehr v. Manitoba (Health Insured Benefits, Insurance Division)
...review of the appeal decision are set out in Vavilov and have been summarized by this Court in Smith v The Appeal Commission, 2023 MBCA 23 at para 75. [100] The other non-controversial aspect of this case is that the ap......
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2 firm's commentaries
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Smith v The Appeal Commission: Manitoba Court Of Appeal Clarifies The Impact Of A Statutory Appeal Clause On The Right To Seek Judicial Review
...recent decision, Smith v The Appeal Commission, 2023 MBCA 23, the Manitoba Court of Appeal has confirmed that the mere existence of a statutory appeal clause does not preclude a party to an administrative decision from simultaneously seeking judicial In that case, the appellant, Smith, had ......
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Manitoba Court Of Appeal Rules That Appeal Right Does Not Preclude Right To Judicial Review
...according to a recent Manitoba Court of Appeal (the "MBCA" or the "Court") ruling. The MBCA's decision in Smith v The Appeal Commission, 2023 MBCA 231 opens the door for those seeking to overturn an administrative decision to attack that decision on more than one front. Further, the Court h......