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, ...

Limitation period for statutory accident benefits is subject to rule of discoverability

21. January 2020 0
Administrative law – Judicial review – Application – Appeals – Compliance with legislation – Limitations – Discoverability rule Tomec v. Economical Insurance Co., [2019] O.J. No. 5677, 2019 ONCA 882, Tomec v. Economical Insurance Co., Ontario Court of Appeal, November 8, 2019, C.W. Hourigan, M.L. Benotto and J.M. Fairburn JJ.A. The appellant was a pedestrian and ...

A Law Society member is required to cooperate with the Law Society and provide document production at the investigative stage

19. November 2019 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Investigations – Barristers and solicitors – Professional misconduct Cusack v. Law Society of Ontario, [2019] O.J. No. 4467, 2019 ONSC 5015, Ontario Superior Court of Justice, September 4, 2019, N.L. Backhouse, M.L. Edwards and L.G. Favreau JJ. The appellant was a sole practitioner ...

Complainant in professional discipline matter lacked standing to judicially review merits of decision to dismiss complaint

19. November 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Complaints lacking merit – Judicial review – Appeals – Standing – Physicians and surgeons – Professional misconduct Makis v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1229, 2019 ABCA 341, Alberta Court of Appeal, September 13, 2019, R. Khullar J.A. ...

The federal Bankruptcy and Insolvency Act governs applications for leave to sue where a receiver is appointed under both that legislation and the provincial Courts of Justice Act

18. June 2019 0
Administrative law – Judicial review – Appeals – Jurisdiction – Standard of review – Correctness Business Development Bank of Canada v. Astoria Organic Matters Ltd., [2019] O.J. No. 1742, 2019 ONCA 269, Ontario Court of Appeal, April 8, 2019, K.N. Feldman, D. Paciocco and B. Zarnett JJ.A. Astoria filed for bankruptcy under the Bankruptcy and ...

Relief from forfeiture under Law and Equity Act does not apply to statutory forfeiture under Residential Tenancy Act

18. June 2019 0
Administrative law – Landlord and tenant – Leases – Remedies – Relief from forfeiture – Judicial review – Appeals – Compliance with legislation Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, 2019 BCCA 105, British Columbia Court of Appeal, April 2, 2019, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A. In 2017, the landlord ...

An application for information from exempted records – not for the records – is not a valid application for access to information

19. March 2019 0
Administrative law – Decisions reviewed – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Judicial review – Appeals – Jurisdiction Raymond v. Nova Scotia (Information and Privacy Commissioner), [2019] N.S.J. No. 7, 2019 NSCA 1, Nova Scotia Court of Appeal, January 11, 2019, P. Bryson, E. Van den Eynden and A.S. ...

Procedural fairness is reviewed on a standard of correctness

19. March 2019 0
Administrative law – Decisions reviewed – Municipal Councillor – Judicial review – Appeals – Natural justice – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Murray Purcha & Son Ltd. v. Barriere (District), [2019] B.C.J. No. 2, 2019 BCCA 4, British Columbia Court of Appeal, January 3, 2019, S. Stromberg-Stein, J.E.D. Savage and J.J.L. Hunter ...