Supreme Court ordered a new hearing based on Workers’ Compensation Appeal Tribunal’s patently unreasonable findings of fact

21. April 2016 0
Application for judicial review of the decision of Workers’ Compensation Appeal Tribunal (WCAT) on the basis WCAT made patently unreasonable findings of fact. Administrative law – Benefits – Decisions of administrative tribunals – Evidence – Expert Evidence – Judicial Review – Workers Compensation – Workers Compensation Boards Stovicek v. Providence Health Care Society, [2016] B.C.J. No. ...

Medical Services Commission’s Audit Panel’s refusal to receive affidavit evidence of the appellant podiatrist was a breach of its common law duty of procedural fairness

21. April 2016 0
Appeal from the decision of Panel of the Healthcare Practitioner Special Committee for Audit Hearings ordering repayment of over $1.1 million and permanent cancellation of enrolment in MSP. Administrative law – Billing matters – Decisions of administrative tribunals – Delay – Evidence – Fairness – Hearings – Judicial Review – Ministry of Health Billing Integrity ...

A massage therapist will have a new hearing as a result of Discipline Committee’s errors in credibility assessment in sexual abuse complaint

21. April 2016 0
Appeal from decision of Discipline Committee Panel of the College of Massage Therapists of Ontario on the basis of errors in credibility assessment in sexual abuse complaint. Administrative law – College of Massage Therapists – Conduct unbecoming – Credibility – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Massage Therapists ...

Refusal to grant an adjournment resulted in a penalty hearing that was procedurally unfair

25. January 2016 0
Appeal from penalty decision of Ontario College of Physiotherapists on basis registrant was denied procedural fairness. Administrative law – College of Physical Therapists – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Judicial Review – Natural Justice – Penalties and suspensions – Permits and Licences – Physical Therapists – Procedural requirements and ...

Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

Appeal to Supreme Court of Canada from decisions of Copyright Board of Canada regarding licences required to reproduce music for use in broadcasting

25. January 2016 0
Making copies of a copyright-protected work implicates the reproduction right, a right that rests exclusively with the copyright holder for the musical work and requires broadcasters to secure a licence to communicate the work. Administrative law – Broadcast-incidental copying – Copyright – Copyright Board – Correctness – Decisions of administrative tribunals – Intellectual property – ...

The Applicant applied for Judicial Review of the denial of his grievance to Correctional Service Canada in cancelling sexually explicit television channels

23. October 2015 0
Judicial review from decision of Correctional Service Canada denying grievance over cancellation of television channels containing sexually explicit content. Administrative law – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom of expression – Grievances – Judicial Review – Prison Commissioner – Prisons – Procedural requirements and fairness – Sexual harassment Naraine ...

Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds

23. October 2015 0
Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds. Administrative law – Charter of Rights and Freedoms – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Freedom of Religion – Human Rights – Judicial Review – Parental Rights ...

Applicant applied for judicial review to determine whether the Ontario Civilian Police Commission’s (“OCPC”) erred in law with respect to the standard of proof applicable to police discipline matters

21. August 2015 0
The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities. Administrative law – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Police – Police ...