The appeal by the Minister of Human Resources Development (the “Minister”) from a judgment dismissing an application for judicial review of a June 6, 2005 Pension Appeals Board decision was allowed where the Court found that Hogervorst lacked an arguable case that she was disabled and offered no sufficient explanation for delay in bringing her appeal from the initial decision

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Pension Appeals Board – Judicial review – Jurisdiction of tribunal – Evidence – Estoppel and res judicata – Limitations Canada (Minister of Human Resources Development) v. Hogervorst, [2007] F.C.J. No. 37, Federal Court of Appeal, January 15, 2007, Létourneau, Malone and Ryer JJ.A. Hogervorst, a 46-year-old registered nurse, applied for ...

Flora was unsuccessful in his appeal from a decision of the Health Services Appeal and Review Board (the “Board”) confirming the decision of the Ontario Health Insurance Plan (“OHIP”) refusing to reimburse Flora for the cost of treatment he received in England

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Health authorities – Out of jurisdiction treatment – Reimbursement – Insured services – Charter of Rights and Freedoms – Judicial review – Compliance with legislation Flora v. Ontario (Health Insurance Plan, General Manager), [2007] O.J. No. 91, Ontario Superior Court of Justice, January 15, 2007, E.I. MacDonald, G.J. Epstein ...

The Episcopal Corp. of the Diocese of Alexandria-Cornwall (the “Episcopal Corp.”) was unsuccessful in its appeal from a Supreme Court decision that denied its application for a judicial review of the decision of the Commissioner of the Cornwall Public Inquiry banning the publication of the name of one of its employees in relation to evidence given at the Inquiry

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Public Inquiry – Publication ban – Judicial review – Standard of review – Reasonableness simpliciter Episcopal Corp. of the Diocese of Alexandria-Cornwall v. Cornwall (Public Inquiry), [2007] O.J. No. 100, Ontario Court of Appeal, January 16, 2007, J.C. MacPherson, R.J. Sharpe and R.A. Blair JJ.A. Episcopal Corp. sought ...

The appeal by the Superintendent of Motor Vehicles from an order quashing a decision confirming Bahia’s prohibition was allowed where the Court held that the failure of the Superintendent to provide legible copies of certain documents to Bahia was not fatal to the administrative process involved in issuing a driver’s prohibition

23. January 2007 0
Administrative law – Judicial review application – Practice and procedure – Adjournment – Motor vehicles – Breathalyser test – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Failure to produce records Bahia v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 2948, British Columbia Court of Appeal, November 16, 2006, Southin, Rowles ...

The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Parties – Standing – Test – Public interest – Bias Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553, Ontario Superior Court of Justice, October 26, 2006, K.E. Swinton J Otto Vass died on August 9, 2000 after being restrained by police ...

The Court dismissed the appeal by the Director of Ontario Disability Support Program from a decision by the Divisional Court allowing Crane’s appeal from the denial of her claim for disability benefits and ordering a new hearing.

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Hearings – Appeals – Judicial review – Evidence – Natural justice Crane v. Ontario (Director, Disability Support Program), [2006] O.J. No. 4546, Ontario Court of Appeal, November 15, 2006, K.N. Feldman, J.C. MacPherson and R.J. Sharpe, JJ.A. Crane applied for disability benefits on May 28, ...

The appeal by a manufacturer of “sandwich panels” used in the construction of solariums or sunrooms (“Craft-Bilt”) of the refusal of the Chief Building Officer of the City of Toronto to issue building permits for three properties was allowed where the Court found that it was beyond the power of the municipality to eliminate a means of approval for materials and design that was mandated by the Legislature

23. January 2007 0
Administrative law – Municipalities – Permits and licences – Building permits – Powers under legislation – Legislation – Ultra vires – review – Compliance with legislation – Standard of review – Correctness Craft-Bilt Materials, Ltd. v. Toronto (City), [2006] O.J. No. 4710, Ontario Superior Court of Justice, November 15, 2006, H.M. Pierce J. Craft-Bilt sought to use ...

Dowling was successful in his application for judicial review of the decision of a Human Rights Panel of the Prince Edward Island Human Rights Commission where the Court held that the Commissioner erred in proceeding to determine the issue of damages without hearing submissions from the parties

28. November 2006 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Procedural requirements and fairness – Natural justice – Evidence Dowling v. Prince Edward Island, [2006] P.E.I.J. No. 52, Prince Edward Island Supreme Court – Trial Division, September 25, 2006, J.R. Matheson C.J.T.D. Dowling alleged that the ...

An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct

28. November 2006 0
Administrative law – Royal Canadian Mounted Police – Disciplinary proceedings – Decisions of administrative tribunals – Adjudications – Police Commission – Judicial review – Procedural requirements and fairness – Natural justice – Sufficient notice – Evidence Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395, Federal Court, September 18, 2006, O’Keefe J. Gill joined the RCMP in ...