Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result

21. June 2022 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Eviction – Reconsideration – Judicial review – Procedural requirements and fairness – Natural justice – Hearings – Adjournment of hearing – Unrepresented complainant Lacroix v. Central-McKinlay International Ltd., [2022] O.J. No. 2220, 2022 ONSC 2807, Ontario Superior Court of Justice, May 11, 2022, D.L. ...

City failed to balance the severity of the interference with Charter values against a policy on acceptable advertising when it relied on a national regulatory body to remove advertisements

15. March 2022 0
Administrative law – Decisions reviewed – City – Judicial review – Standard of review – Reasonableness – Municipal – Advertising policy – Human rights complaints – Charter Guelph and Area Right to Life v. Guelph (City), [2022] O.J. No. 363, 2022 ONSC 43, Ontario Superior Court of Justice, January 26, 2022, M.L. Edwards R.S.J., M.K. ...

Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing

15. March 2022 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Standard of review – Reasonableness – Human rights complaints – Discrimination – Race – Evidence Wint v. Alberta (Human Rights Commission), [2022] A.J. No. 137, 2022 ABQB 87, Alberta Court of Queen’s Bench, January 31, 2022, D.R. Mah J. The applicant applied ...

No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome

22. February 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Investigations – Procedural requirements and fairness – Standard of review – Reasonableness – Abuse of process – Physicians and surgeons – Competence – Records – Training requirements Al-Kazely v. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 32, ...