A police officer (Horon) successfully appealed a decision of the Law Enforcement Review Board for the Edmonton Police Service (“Law Enforcement Review Board”) that had directed the Chief of Police to lay a charge of neglect of duty against him

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional governance and discipline – Investigations – Reporting requirements – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Failure to provide reasons Mitzel v. Alberta (Law Enforcement Review Board), [2010] A.J. ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

The B.C. Freedom of Information and Privacy Assn. (“FIPA”) applied, unsuccesfully, under the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241 (“JRPA”) for review of a decision of the Information and Privacy Commissioner of British Columbia (“adjudicator”) withholding disclosure of stakeholder submissions concerning potential amendments to the Freedom of Information and Protection of Privacy Act (the “Act”)

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure – Submissions – Public bodies – Judicial review – Standard of review – Reasonableness simpliciter B.C. Freedom of Information and Privacy Assn. v. British Columbia (Information and Privacy Commissioner), [2010] B.C.J. No. 1628, British Columbia ...

Robert Latimer (“Latimer”) won a judicial review of the decision of the Appeal Division of the National Parole Board which had refused his request to expand his leave privileges by reducing the number of nights that he was required to return to a halfway house each week

28. September 2010 0
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Judicial review – Compliance with legislation – Validity and application of policies and guidelines – Standard of review – Correctness Latimer v. Canada (Attorney General), [2010] F.C.J. No. 970, Federal Court Vancouver, British Columbia, August 5, 2010, Mactavish J. In 2001, Latimer ...

Refusing to grant an injured worker (“Johnson”) the opportunity to cross-examine medical witnesses on a Workers’ Compensation Board (“WCB”) disability benefits determination was held to be a denial of procedural fairness and natural justice

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Procedural requirements and fairness – Natural justice – Witnesses Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2010] A.J. No. 663, 2010 ABQB 393, Alberta Court of Queen’s Bench, June 9, 2010, K. G. ...

A man (“Conway”) who had been found not guilty by reason of insanity on a charge of sexual assault with a weapon was unsuccessful in his attempt to have the Ontario Review Board grant him an absolute discharge as a s.24(1) Charter remedy

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Review Board – Mental health facility – Treatment plans – Review Board authority –  Remedies – Charter relief – Availability – Boards and tribunals – Jurisdiction to grant Charter remedies – Prisons – Inmates not criminally responsible for their crimes – Public safety – Statutory provisions – ...

The originating application of the Citizens’ Representative, Newfoundland and Labrador, was struck down for failing to disclose a cause of action where the relief sought was a declaration that the Citizens’ Representative was in a conflict of interest and that there was a reasonable apprehension of bias such that he should be dismissed from his position. His spouse was the CEO of the health authority in respect of which the Citizens’ Representative had received a request to investigate issues around mental health services delivery by that health authority.

27. July 2010 0
Administrative law – Investigations – Ombudsman – Cititzens’ Representative – Conflict of interest – Judicial review – Bias – Compliance with legislation – Jurisdiction of court – Legislative Assembly – Official appointments – Remedies – Certiorari – Practice and procedure – Parties – Standing – No reasonable cause of action Burry v. Newfoundland and Labrador ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...