Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...

Reasonable for panel to sanction medical student for leaving medical records in a dumpster

16. February 2021 0
A formal complaint of academic misconduct was made against Zhu, a third-year medical student in the College of Medicine (the “College”) at the University of Saskatchewan on behalf of the Saskatchewan Health Authority that there had been an unauthorized release of confidential information in connection with health records which were found abandoned in a dumpster ...

Procedural fairness requires notice of potential timeliness issues

16. February 2021 0
The application for judicial review was granted on the basis that the applicant was denied procedural fairness. The court remitted the matter for reconsideration by another decision-maker. Administrative law – Decisions reviewed – Attorney General – Judicial review – Procedural fairness – Standard of review – Procedural requirements and fairness – Barristers and solicitors – ...

Court of Appeal upholds Law Society’s significant fine and suspension against lawyer with repeat infractions

20. August 2019 0
The Court of Appeal upheld the Law Society Hearing Committee’s imposition of a six month suspension and $40,000 fine on the basis that the penalty was not unreasonable in light of the appellant’s history of 16 findings of misconduct in the preceding 20 years. Administrative law – Decisions reviewed – Law societies – Judicial review – ...

Errors in review of medical record lead to decision of ICRC being set aside

20. August 2019 0
Superior Court overturns decision of the Health Professions Appeal and Review Board on the basis that the ICRC fundamentally erred in its review of the medical record. Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Standard of review – Reasonableness – Physicians and surgeons – Competence Montour v. Ontario ...

If an appellant files an application for leave to appeal within the prescribed timelines and leave is not required, the merits of the claim must not affect the judge’s decision to convert the notice of application for leave to appeal to a notice of appeal

Administrative law – Judicial review – Appeals – Discretion of delegated authority Gonzalez v. British Columbia (Attorney General), [2019] B.C.J. No. 339, 2019 BCCA 88, British Columbia Court of Appeal, March 8, 2019, Sanders, Bennett and Willcock JJ.A. The appellant Gonzalez filed an application for review of a Court of Appeal chambers order. In 2014, ...

The Court quashed an Information and Privacy Commissioner adjudicator’s decision that the College of Physicians and Surgeons was required to produce information related to a quality assurance program at the subject physician’s request

Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Physicians and surgeons British Columbia (College of Physicians and Surgeons) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. ...

On judicial review, a B.C. Court held that the District’s decision not to grant business licenses for short-term rentals accords with the relevant business license and zoning bylaws.

19. February 2019 0
Administrative law – Decisions reviewed – Municipal councils – Municipalities – By-laws – Planning and zoning – Permits and licences – Judicial review — Compliance with legislation Mailloux v. Tofino (District), [2018] BCJ No 6987, 2018 BCSC 2298, British Columbia Supreme Court, December 24, 2018, LA Loo J The petitioners were townhouse owners in Tofino ...

The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...