It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances

20. April 2021 0
Administrative law – Decisions reviewed – Community Council – Judicial review – Procedural requirements and fairness – Fresh evidence – Admissibility – Standard of review – Reasonableness – Municipalities – By-laws Scott v. Toronto (City), [2021] O.J. No. 591, 2021 ONSC 858, Ontario Superior Court of Justice, February 8, 2021, F. Kristjanson J. On June ...

Court upholds revocation of physician’s licence after repeated care and conduct concerns over a lengthy period of time

16. March 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Standard of review – Correctness – Professions – Physicians and surgeons – Billing matters – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties Hanson v. College of Physicians and Surgeons of Ontario, [2021] O.J. No. 336, 2021 ONSC ...

Court dismisses taxi companies judicial review concerning decisions of the BC Passenger Transportation Board regarding ride sharing approvals of Uber and Lyft

16. March 2021 0
Administrative law – Decisions reviewed – Passenger Transportation Board – Judicial review – Standard of review – Patent unreasonableness – Permits and licences – Compliance with legislation Yellow Cab Co. v. Passenger Transportation Board, [2021] B.C.J. No. 89, 2021 BCSC 86, British Columbia Supreme Court, January 20, 2021, S. Wilkinson J. The petitioners consisted of ...

You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts

19. January 2021 0
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...

A police officer on probation was not properly appointed under the governing legislation and therefore not protected when terminated during probation

15. December 2020 0
Administrative law – Legislation – Legislative intent – Statutory interpretation – Judicial review – Appeals – Standard of review – Professions – Police officers Caron v. Grand Falls (Town), [2020] N.B.J. No. 212, 2020 NBCA 60, New Brunswick Court of Appeal, September 17, 2020, J.C.M. Richard C.J.N.B. and K.A. Quigg and B.L. Baird JJ.A. The ...

Reasons are all around – a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

20. October 2020 0
Administrative law – Decisions reviewed – Municipal Appeals Committee – Variance orders – Legislative compliance – Judicial review – Standard of review – Reasonableness – Hearing Ewanek v. Winnipeg (City), [2020] M.J. No. 157, 2020 MBQB 98, Manitoba Court of Queen’s Bench, June 24, 2020, S. Bond J. Application by Ewanek for judicial review of ...

Civil Resolution Tribunal’s decision to limit the involvement of lawyers was considered unreasonable by the BC Court of Appeal

15. September 2020 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Reasonableness – Condominiums – Strata corporations – Jurisdiction of court Strata Plan NW 2575 v. Booth, [2020] B.C.J. No. 865, 2020 BCCA 153, British Columbia Court of Appeal, May 28, 2020, M.V. Newbury, ...

The issuance of a building permit was unreasonable because the drawings were not made in compliance with the Architects Act

15. September 2020 0
Administrative law – Decisions reviewed – Municipal Board – Rules and by-laws – Building permits – Judicial review – Legislative compliance – Public interest – Standard of review – Reasonableness – Engineers and architects Architectural Institute of British Columbia v. Langford (City), [2020] B.C.J. No. 886, 2020 BCSC 801, British Columbia Supreme Court, May 29, ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...