A gastroenterologist (“Dr. Gopinath”) secured a ruling from the Health Professions Appeal and Review Board (“Appeal Board”) renewing his privileges without condition. The Toronto East General Hospital (the “Hospital”) was unsuccessful on an appeal where it attempted to restore the earlier decision of the Hospital Board denying him privileges unless he signed an undertaking and agreement to participate in the Physician Health Program (“PHP”).

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Hearing de novo – Physicians and Surgeons – Hospital privileges – Disruptive behaviour – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Toronto East General Hospital v. Gopinath, [2014], O.J. No. 2248, 2014 ONSC 2731, Ontario Superior Court ...

An individual who was arrested for disruptive behaviour in an Ontario courtroom (“Penner”) succeeded on appeal in establishing that issue estoppel should not apply to preclude his civil claims against the police officers once his Police Services Act proceedings against them had been dismissed

Administrative law – Decisions of administrative tribunals – Police Services Commission – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Estoppel and res judicata – Compliance with legislation – Evidence Penner v. Niagara (Regional Police Services Board), 2013 SCJ No. 19, 2013 SCC 19, Supreme Court of Canada, April ...

The City of St. John’s (the “City”) was successful on an appeal from an order affirming an arbitration award, which held that an interest in land and water rights leased to the respondent Newfoundland Power Inc. (“Newfoundland Power”) ought to be valued as part of the going concern.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Natural resources – Electricity – Municipalities – Utility services – Contracts – Landlord and tenant – Leases – Land and water rights – Valuation – Judicial review – Standard of review – Reasonableness simpliciter St. John’s (City) v. Newfoundland Power Inc., [2013] N.J. No. ...

The Fraser Health Authority was successful on judicial review of a decision of the British Columbia Workers’ Compensation Appeal Tribunal (WCAT) whereby WCAT held that there was a causal link between breast cancer suffered by three respondents working for the Health Authority and their employment

21. March 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Occupational disease – Expert evidence – Judicial review – Evidence – Standard of review – Patent unreasonableness Fraser Health Authority v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 605, 2013 BCSC 524, British Columbia Supreme Court, March 28, ...

A tenant in a Metro Vancouver Housing Corporation townhouse applied for judicial review of the decision of a dispute resolution officer who found that a 10-day notice to end tenancy for unpaid rent, under Section 46(1) of the Residential Tenancy Act should be upheld with the result that the tenant would lose possession

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Discretion of court – Landlord and tenant – Residential tenancy agreements – Termination – Vacation notices – Conduct of tenant – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Remedies – Relief from ...

A driver’s judicial review of a decision that he was out of time to review a 24-hour driving prohibition was dismissed

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Adjudication – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter MacNeil v. British Columbia (Superintendent of Motor Vehicles), [2012] B.C.J. No. 1795, 2012 ...

A 54 year old man applied for judicial review of a decision of the Employment and Assistance Appeal Tribunal, which had upheld the decision of the Minister of Social Development denying him a ‘persons with disabilities’ designation. His petition was dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Employment and Assistance Appeal Tribunal – Persons with disabilities – Severe – definition – Judicial review – Compliance with legislation – Failure to provide reasons – Evidence – Standard of review – Patent unreasonableness Garbutt v. British Columbia (Minister of Social Development), [2012] B.C.J. No. 1805, 2012 ...

An interpreter (“Sandhu”) sought judicial review of a Provincial Court decision that he could not act as an interpreter for a party in a small claims action. His petition was dismissed.

23. October 2012 0
Administrative law – Interpreters in court – Judges – Powers and duties – Judicial review – Parties – Standing – Procedural requirements and fairness – Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Sandhu v. British Columbia (Provincial Court, Judge), [2012] B.C.J. No. 1052, 2012 BCSC 1064, British Columbia Supreme Court, July 17, ...

A man who worked in mining operations of Xstrata Canada Corporation (“Xstrata”) between 1979 and 1996 (“LeBlanc”) was successful on appeal from a decision of the Appeal Tribunal of the Workplace Health, Safety and Compensation Commission (“Appeals Tribunal”) for reimbursement of medical treatment related to heavy metals detected in his blood

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers Compensation – Benefits – Hearings – Fairness  – Conduct of hearings – Independent expert – Judicial review – Witnesses – Evidence – Procedural requirements and fairness LeBlanc v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2012] N.B.J. No. 199, 2012 NBCA 49, New Brunswick Court of ...