ADMINISTRATIVE LAW
Judicial Review
Grounds of Review
Procedural fairness—Judicial review of reconsideration decision by Minister’s delegate—Minister denying renewal of aircraft maintenance engineer licence—On appeal Transportation Appeals Tribunal setting aside Minister’s decision, sending it back for reconsideration—On recommendation of panel of departmental experts, Minister upholding decision—Central flaw in reconsideration process that applicant never had meaningful opportunity to address findings of panel before Minister’s delegate accepted panel’s recommendation—Licence important to aviation system, individual licence holder—Respondent owed applicant high degree of procedural fairness—As to remedy of mandamus, even if all preconditions for grant met, appropriate case given obligation on Minister to protect public safety in issuing or renewing licence, for Court to exercise its discretion to deny remedy —Minister’s decision set aside, returned for further reconsideration.
Bancarz v. Canada (Minister of Transport) (T-122-06, 2007 FC 451, Phelan J., judgment dated 27/4/07, 17 pp.)