Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process Administrative law – Decisions reviewed – Employment and labour boards – Abuse of authority – Standard of review – Reasonableness – Employment – Appointment Ghafari v. Canada (Attorney General), [2023] F.C.J. No. 1452, ...
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis. Administrative law – Decisions reviewed – Human Rights Tribunal – Natural justice – Procedural requirements and fairness – Jurisdiction – Standard of review – Reasonableness – Human rights – Discrimination – Universities Health-Engel ...
Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review. Administrative law – Decisions reviewed – Insurance Council – Remedies – Interlocutory injunctions FS Insurance Brokers, Inc. v. Insurance Council of British Columbia, [2023] B.C.J. No. 1345, 2023 BCSC 1190, British Columbia Supreme Court, July 11, 2023, F.M. Kirchner J. The ...
City of Toronto meets procedural fairness obligations under Fair Wage Policy. Administrative law – Decisions reviewed – Municipalities – Wage disparity – Notice – Judicial review – Disclosure – Procedural requirements and fairness 1460973 Ontario Ltd. (c.o.b. C.P. Systems) v. Toronto (City), [2023] O.J. No. 4079, 2023 ONSC 5213, Ontario Superior Court of Justice, September ...
When considering the nature and severity of non compliance, principles of proportionality, parity, rehabilitation, and deterrence, it was found that a $500,000 penalty was not patently unreasonable. Administrative law – Decisions reviewed – Trucking Commissioner – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Gulzar Transport Inc. v. British ...
BC Court of Appeal overturns Supreme Court decision to judicially review a Property Assessment Review Panel (“PARP”) Decision because the de novo appeal process set out in the legislation would cure PARP’s breaches of procedural fairness complained about on judicial review. Administrative law – Decisions reviewed – Property Assessment Appeal Board – Hearing de novo ...
Ontario Superior Court of Justice finds College Committee appropriately balanced Dr. Peterson’s Charter right to freedom of expression and his professional obligations as a regulated member of the College of Psychologists of Ontario in its decision to order Dr. Peterson to engage in remedial activity following him making public statements that may be degrading, demeaning ...
Administrative law – Decisions reviewed – Council for Pharmacists – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Correctness – Hearings – Pharmacists – Professional misconduct Thorkelson v. College of Pharmacists of Manitoba, [2023] M.J. No. 222, 2023 MBCA 69, Manitoba Court of Appeal, August 9, 2023, ...
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...
Applying a contextual and purposive interpretation to the Law Society of Ontario By-Laws, the Court held that the Hearing Division of the Law Society of Ontario has jurisdiction to refuse an application for a licence after that licence has already been issued where the applicant made a false or misleading representation on or in connection ...
