This decision relates to a judicial review of the decision of a delegate of the Superintendent of Motor Vehicles that confirmed a notice of an immediate roadside prohibition issued to the petitioner under section 215.41 of the Motor Vehicle Act

20. March 2018 0
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...

This decision was an appeal from the Consent and Capacity Board which found that the appellant was not capable to consent to treatment with certain psychiatric medications proposed by the respondent physician.

20. March 2018 0
Administrative law – Decisions reviewed – Consent and Capacity Board – Evidence – Judicial review – Appeals – Standard of review – Reasonableness Woods v. Chatterjee, [2018] O.J. No. 12, 2018 ONSC 73, Ontario Superior Court of Justice, January 3, 2018, P.J. Cavanagh J. The appellant was diagnosed with schizoaffective disorder and substance abuse disorder ...

This appeal was brought by a registrant of the Alberta College of Social Workers against a decision of the College’s Hearing Tribunal. The Hearing Tribunal found that the appellant engaged in unprofessional conduct when she was rude, dismissive and abrasive. The College brought four charges against the appellant finding that all four allegations had been proven.

20. March 2018 0
Administrative law – Decisions reviewed – College of Social Workers – Failure to provide reasons – Judicial review – Appeals – Social workers – Professional misconduct or conduct unbecoming MacLeod v. Alberta College of Social Workers, [2018] A.J. No. 24, 2018 ABCA 13, Alberta Court of Appeal, January 12, 2018, R.L. Berger, P.T. Costigan and ...

Manitoba Court of Queen’s Bench finds decision of the Tax Appeals Commission is reasonable, dismisses application of the Corporation seeking to overturn the assessment decision of the Commission

17. October 2017 0
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...

BCCA confirms that approval of a monitoring plan submitted under an environmental permit falls within the definition of a “decision” under the appeal provisions of the EMA

17. October 2017 0
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...

WCB decision granting extension of time in status determination is reasonable

17. October 2017 0
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...

Alberta Court of Queen’s Bench finds investigation into physician’s alleged misconduct was adequate and dismisses application for judicial review

The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law  –  Decisions of administrative tribunals  –  College of Physicians and Surgeons  –  ...

Court finds the requirements of procedural fairness not met and remits matter back to the Minister for redetermination in LMIA revocaton issue

The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”).  Before an employer can offer employment to, and seek a work permit ...

Vancouver Police Department Constable ordered to comply with Police Complaints Commission request to attend interview

This proceeding was a petition for judicial review to determine whether a constable of the Vancouver Police Department (“VPD”) must comply with the requests made by an investigating officer of the Office of the Police Complaints Commission (“PCC”) pursuant to s. 101 of the Police Act, R.S.B.C. 1996, c. 367 (the “Act”). The Court held ...