Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances

Administrative law – Decisions reviewed – Landlord and Tenant Board – Hearings – Hearing de novo – Judicial review – Procedural requirements and fairness – Remedies Faruk v. Ontario (Landlord and Tenant Board), [2023] O.J. No. 1617, 2023 ONSC 2191, Ontario Superior Court of Justice, April 13, 2023, M.G. Ellies R.S.J., N.L. Backhouse and T.R. ...

Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted

20. December 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Publication ban – Judicial review – Standing – Investigations – Physicians and surgeons – Suspensions Kilian V. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 4890, 2022 ONSC 5931, Ontario Superior Court of Justice, November 7, 2022, K.E. Swinton, T.R. Lederer ...

Court of Appeal upheld Mental Health Review Board’s decision that the petitioner continued to meet the criteria for involuntary detention under the Mental Health Act

20. December 2022 0
Administrative law – Decisions reviewed – Mental Health Review Board – Judicial review – Legislative compliance – Standard of review – Correctness – Mental health – Consent to treatment A.T. v. British Columbia (Mental Health Review Board), [2022] B.C.J. No. 2090, 2022 BCSC 1905, British Columbia Supreme Court, November 1, 2022, M.B. Blok J. The ...

Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation

21. September 2021 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review applications – Appeals – Standard of review – Reasonableness – Compliance with legislation – Discretion of delegated authority – Workers compensation – Benefits Smith v. Manitoba (Appeal Commission), [2021] M.J. No. 211, 2021 MBQB 149, Manitoba Court of Queen’s Bench, June 25, 2021, ...

College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety

21. September 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness – Physicians and surgeons – Governance – Competence Sandhu v College of Physicians and Surgeons of Alberta, [2021] A.J. No. 883, 2021 ABQB 494, Alberta Court of ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

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 – ...