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

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...

Judicial review from Minister’s review of seizure of animals under Animal Protection Act

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Animals – Seizure and disposition of animals – Judicial review – Compliance with legislation – Interpretation – Standard of review – Correctness Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 NSSC 171, Nova Scotia Supreme Court, June 10, 2015, M.J. Wood ...

Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...

Appeal from decision of Law Society Tribunal Appeal Division from penalty of licence revocation

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Permits and licences – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Kelly v. Law Society of Upper Canada, [2015] O.J. No. 921, 2015 ONSC 886, Ontario ...

Application for judicial review of decision of Registrar of Motor Dealers refusing salesperson’s licence

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Compliance with legislation – Public interest – Competence – Standard of review – Reasonableness simpliciter Fryer v. British Columbia (Motor Vehicle Sales Authority), [2015] B.C.J. No. 325, 2015 BCSC 279, British Columbia Supreme Court, February 13, ...

Appeal from decision of Licence Appeal Tribunal to revoke liquor licence of strip club operated by Hells Angels member

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Alcohol and Gaming Commission – Permits and licences – Revocation – Judicial review – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter – Failure to provide reasons 751809 Ontario Inc. (c.o.b. Famous Flesh Gordon’s) v. Ontario (Registrar, Alcohol and ...

Motion by Associate Chief Justice Douglas for stay of Canadian Judicial Council’s evidentiary decision pending judicial review

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Judicial Council – Judges – Professional governance and discipline – Investigations – Public interest – Judicial review – Stay of proceedings – interlocutory – Disclosure of records – Evidence – admissibility Douglas v. Canada (Attorney General), [2014] F.C.J. No. 1149, 2014 FC 1115, Federal Court, November ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

Appeal from judicial review decision finding Workers’ Compensation Board decision regarding employer’s reporting duties unreasonable

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Employer – definition – Employer’s duty to report accident – Third parties – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, [2014] ...