The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

A certified management accountant (“Deen”), who had committed professional misconduct, succeeded in reducing a sanction imposed by an appeals tribunal (“Appeals Tribunal”) of the Complaints Inquiry Committee of the Certified Management Accountants of Alberta (“Complaints Inquiry Committee”)

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Certified Management Accountants – Professional governance and discipline – Professional misconduct / conduct unbecoming – Conflict of interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Appeals – Evidence Deen v. Certified Management Accountants of Alberta (Complaints Inquiry Committee), [2011] A.J. No. 839, 2011 ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

A teacher (“Aris”) succeeded in setting aside an interim suspension order issued by the Ontario College of Teachers (the “College”) which suspended his teacher’s certificate pending the resolution of a complaint. His judicial review application was granted

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Aris v. Ontario College of Teachers, [2011] O.J. No. 1400, 2011 ONSC 1202, Ontario Superior ...

A man (“Leonard”) employed to work on the Hibernia Oil Platform, appealed from a decision of the Human Rights Commission (the “Commission”) dismissing his complaint that his employer (Noble”) discriminated against him on the basis of a perceived drug addiction

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Employer’s policies – Judicial review – Evidence – Standard of review – Correctness – Reasonableness simpliciter Leonard v. Newfoundland and Labrador (Human Rights Commission), [2011] N.J. No. 113, 2011 NLTD(G) ...

The Travel Industry Council of Ontario (the “Council”) succeeded on appeal from a decision of the Licence Appeal Tribunal (the “Tribunal”) in setting aside an order awarding Maria Cordeiro reimbursement for the cost of a trip to Brazil from the Travel Industry Compensation Fund (the “Fund”), pursuant to the Travel Industry Act, 2002, S.O. 2002, c.30 (the “Act”).

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Travel Industry Council – Reimbursement of funds – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Travel Industry Council of Ontario v. Cordeiro, [2011] O.J. No. 306, 2011 ONSC 80, Ontario Superior Court of Justice, Divisional Court – Toronto, Ontario, ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

Repligen Corporation (“Repligen”) succeeded on judicial review of a decision of the Canadian Intellectual Property office’s patent commissioner (“the Commissioner”) denying Repligen’s request to correct a clerical error where maintenance fees were credited to the wrong patent and Repligen’s patent lapsed as a result

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...

A landlord (Fok) was unsuccessful on judicial review of a decision of a dispute resolution officer under the Residential Tenancy Act, which had ordered the landlords to pay compensation to their former tenants for missing jewellery, and had denied the landlords’ claim for losses associated with repair, garbage disposal and cleaning, and found against them as to whether they had a legal right to change the locks and to retake actual possession of the rental unit

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Conduct of tenant – Termination – Tenant’s goods – Damages – Judicial review – Evidence – Jurisdiction – Standard of review – Patent unreasonableness – Test Fok v. British Columbia (Residential Tenancy Act, Dispute Resolution ...