Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...
Administrative law – Decisions reviewed – Legal Aid Commission – Judicial review – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness – Legal aid M.H. v. Legal Services Society of British Columbia, [2018] B.C.J. No. 217, 2018 BCSC 195, British Columbia Supreme Court, February 9, 2018, H.J. Holmes J. M.H. sought judicial ...
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable. The Court of Appeal affirmed the trial judge’s decision. The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...
The Federal Court of Appeal upholds a finding that the Department of Public Works and Government Services issued a request for proposal in violation of the Agreement on Internal Trade on the basis that the Royal Canadian Navy imposed certain requirements that made it impossible for some select parties to submit bids. Administrative law – ...
The appellant, Brian Graff, wished to be a candidate in the race for the leadership of the respondent New Democratic Party. The New Democratic Party said no, twice. This case is about Mr. Graff’s efforts to have these decisions quashed. Administrative law – Decisions of administrative tribunals – Judicial review – Bias – Standard of ...
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...
Appeal by Brookfield from the dismissal of its appeal from an arbitrator’s decision, setting the fair market rent payable to the City of Toronto pursuant to a ground lease. Administrative law – Arbitration and award – Judicial review – Natural justice – Appeals – Evidence – Landlord and tenant 6524443 Canada Inc. v. Toronto (City), [2017] ...
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...
