Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Municipal bylaws do not apply to activities authorized under permit issued under Mines Act because of exclusive provincial jurisdiction over “mines” and “mining activities”

16. March 2021 0
Administrative law – Municipalities – Orders – By-laws – Permits – Judicial review – Legislative compliance – Standard of review – Reasonableness – Natural resources – Mining – Jurisdiction – Remedies – Certiorari O.K. Industries Ltd. v. Highlands (District), [2021] B.C.J. No. 85, 2021 BCSC 81, British Columbia Supreme Court, January 20, 2021, C.E. Hinkson ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...

Ministry of Attorney General’s legal costs defending Cambie Surgeries Corporation v. British Columbia (Attorney General) action protected from disclosure by solicitor-client privilege

17. November 2020 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Production of records – Solicitor-client privilege – Public body – Judicial review – Appeals – Standard of review – Correctness British Columbia (Attorney General) v. Canadian Constitution Foundation, [2020] B.C.J. No. 1316, 2020 BCCA 238, British Columbia Court ...

Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...

Regulatory body can appoint administrator to provide oversight during investigation into police misconduct

15. September 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Public interest Durham Police Service v. Ontario Civilian Police Commission, [2020] O.J. No. 1490, 2020 ONSC 1116, Ontario Superior Court of Justice, April 6, 2020, ...

Tribunal members’ questions and comments during discipline hearing demonstrate reasonable apprehension of bias

21. July 2020 0
Administrative law – Decisions reviewed – Institute of Chartered Accountants; Judicial review – Reasonable apprehension of bias – Natural justice – Procedural requirements and fairness – Appeals; Accountants – Professional misconduct or conduct unbecoming Yee v. Chartered Professional Accountants of Alberta, [2020] A.J. No. 291, 2020 ABCA 98, Alberta Court of Appeal, March 6, 2020, ...

Professional’s pattern of disruptive conduct can constitute unprofessional conduct

21. July 2020 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension – Judicial review – Appeals – Standard of review – Correctness – Physicians and surgeons – Professional misconduct or conduct unbecoming Al-Ghamdi v. College of Physicians and Surgeons of Alberta, [2020] A.J. No. 207, 2020 ABCA 71, Alberta Court of Appeal, February ...

The Representative for Children and Youth has a broad mandate and is entitled to information generally relevant to child welfare

21. January 2020 0
Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...