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 ...

Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license

21. December 2021 0
Administrative law – Decisions reviewed – Minister of Health – Permits and licences – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Canada RNA Biochemical Inc. v. Canada (Minister of Health), [2021] F.C.J. No. 1826, 2021 FCA 213, Federal Court of Appeal, November 2, 2021, D.J. Rennie, J.B. ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch

19. October 2021 0
Administrative law – Decisions reviewed – Residential Tenancy office – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness Shahcheraghi v. Divangahi, [2021] B.C.J. No. 1760, 2021 BCSC 1576, British Columbia Supreme Court, August 13, 2021, K. Horsman J. The landlord/petitioner sought a ...

Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory

19. October 2021 0
Administrative law – Decisions reviewed – Municipal Board – By-laws – Planning and zoning – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness E.Z. Automotive Ltd. v. Regina (City), [2021] S.J. No. 328, 2021 SKCA 109, Saskatchewan Court of Appeal, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. ...

Did the appellant “promptly and completely” reply to the Law Society of Ontario (respondent) during an investigation into the appellant’s law firm that focused on the firm’s structure and referral fee practices?

Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Appeals – Standard of review – Palpable and overriding error – Barristers and solicitors – Professional misconduct or conduct unbecoming Law Society of Ontario v. Diamond, [2021] O.J. No. 2115, 2021 ONCA 255, Ontario Court of Appeal, April 22, ...

Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice

Administrative law – Decisions reviewed – Association of Architects – Judicial review – Procedural requirements and fairness – Natural justice – Appeals – Architects – Reporting requirements Sbrissa v. Ontario Association of Architects, [2021] O.J. No. 1510, 2021 ONSC 2087, Ontario Superior Court of Justice, March 23, 2021, C.T. Hackland, M.A. Penny and L.G. Favreau ...

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 ...