A prior penalty decision can be considered by a hearing panel in making a subsequent penalty decision, even if the prior penalty is under review, depending on the wording of the governing legislation

17. July 2018 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Suspensions Law Society of British Columbia v. Perrick, [2018] BCJ No 785, 2018 BCCA 169, British Columbia Court of Appeal, May 2, 2018, M.E. Saunders, ...

A strata sought a judicial stay of proceeding following a Civil Resolution Tribunal (“CRT”) decision to deny the strata’s request to be represented by counsel, and subsequent decision to deny the strata’s request for a stay of proceedings pending its application for judicial review regarding the decision to deny the strata’s request for counsel

17. July 2018 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Right to legal counsel – Judicial review – Stay of proceedings – Remedies – Interlocutory injunctions – Condominiums – Strata corporations Strata Plan NW 2575 v. Booth, [2018] BCJ No 811, 2018 BCSC 715, British Columbia Supreme Court, May 3, 2018, DeWitt-Van Oosten J. A ...

Major League Baseball’s application for judicial review to set aside an interim decision of the Human Rights Tribunal of Ontario and to dismiss or stay the proceedings was dismissed on the grounds of prematurity

20. March 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Jurisdiction – Human rights complaints – Discrimination – Judicial review – Premature Major League Baseball v. Cardinal, [2018] O.J. No. 469, 2018 ONSC 714, Ontario Superior Court of Justice, January 30, 2018, Kiteley, Linhares de Sousa, Pattillo JJ. Douglas Cardinal, an Anishnaabe elder, commenced an ...

An appeal of a decision from the Property Assessment Appeal Board was dismissed as its findings regarding the “highest and best use” of the property were reasonable

20. March 2018 0
Administrative law – Decisions reviewed – Assessment Appeal Board – Municipalities – Property Assessment – Judicial review – Appeals – Standard of review – Reasonableness Telus Communications (BC) Inc. v. British Columbia (Assessor of Area #09 – Vancouver Sea to Sky Region), [2018] B.C.J. No. 119, 2018 BCSC 113, Supreme Court of British Columbia, January ...

The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

Petitioner’s application for judicial review of an Inquiry Committee decision dismissed on the basis that it was not amenable to judicial review

22. November 2017 0
The petitioner’s application for judicial review of an Inquiry Committee decision was dismissed on the basis that it was not amenable to judicial review. Administrative law – Physicians and surgeons – Inquiry committee decisions – Judicial review – Mootness – Jurisdiction – Standard of review – Reasonableness – Physicians and surgeons – Competence Maroofi v. ...

BC Farm Industry Review Board decision to approve the removal of 88 animals and requiring petitioners to pay for reasonable care costs of the seized animals is upheld by BCSC

22. November 2017 0
A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...

BCSC upholds Human Rights Tribunal decision dismissing portions of petitioner’s complaint on the basis it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention

22. November 2017 0
A court upheld the Human Rights Tribunal’s decision to dismiss portions of the petitioner’s complaint on the basis that it was late filed and the alleged facts in relation to those portions could not form part of a continuing contravention. Administrative law – Decisions reviewed – Human Rights Tribunal – Human rights complaints – Discrimination ...

Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records

15. August 2017 0
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...