City of Toronto meets procedural fairness obligations under Fair Wage Policy

29. November 2023 0
City of Toronto meets procedural fairness obligations under Fair Wage Policy. Administrative law – Decisions reviewed – Municipalities – Wage disparity – Notice – Judicial review – Disclosure – Procedural requirements and fairness 1460973 Ontario Ltd. (c.o.b. C.P. Systems) v. Toronto (City), [2023] O.J. No. 4079, 2023 ONSC 5213, Ontario Superior Court of Justice, September ...

Court addresses application of principles governing judicial discipline

25. July 2023 0
Court addresses application of principles governing judicial discipline. Administrative law – Decisions reviewed – Justices of the Peace Review Council – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Judges – Professional misconduct or conduct unbecoming – Removal from office Ontario (Justice of the Peace) ...

Exceptional circumstances required for court to intervene in administration proceeding before it is completed

18. April 2023 0
Administrative law – Judicial review – Judicial intervention – Appeals – Barristers and solicitors – Professional misconduct Hemminger v. Law Society of British Columbia, [2023] B.C.J. No. 120, 2023 BCCA 36, British Columbia Court of Appeal, January 25, 2023, M.V. Newbury, J.J.L. Hunter, P.G. Voith JJ.A. The Law Society commenced discipline proceedings against Ms. Hemminger, ...

Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard

15. March 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Legislative compliance – Appeals – Standard of review – Reasonableness – Municipalities – Building permits – Bylaws – Planning and zoning G.S.R. Capital Group Inc. v. White Rock (City), [2022] B.C.J. No. 180, 2022 BCCA 46, British Columbia Court of Appeal, February 4, ...

Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable

15. March 2022 0
Administrative law – Decisions reviewed – Public Sector Integrity Commissioner – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Gordillo v. Canada (Attorney General), [2022] F.C.J. No. 137, 2022 FCA 23, Federal Court of Appeal, February 9, 2022, W.W. Webb, J.B. Laskin and M. Rivoalen JJ.A. ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

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 ...