A doctor’s petition for judicial review of the College’s rejection of his application for independent registration was dismissed. While the first of the two College assessments of the doctor was more favourable than the second, it was made clear that the first assessment was an interim one and the second was final, so the College was entitled to rely upon the findings of the second assessment over the first

18. September 2018 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Alfahem v. College of Physicians & Surgeons of Alberta, [2018] A.J. No. 869, 2018 ABQB 539, Alberta Court ...

International arbitration award from New York was recognized and enforced in Ontario, despite party’s argument that it was not yet “binding” within the meaning of the Model Law as they still intended to argue issues of costs before the arbitrator

18. September 2018 0
Administrative law – Commercial Arbitrations – Arbitration and Award – Enforcement of Foreign Award – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness Popack v. Lipszyc, [2018] O.J. No. 3716, 2018 ONCA 635, Ontario Court of Appeal, July 12, 2018, D.H. Doherty, D.M. Brown and I.V.B. Nordheimer JJ.A. Popack ...

Paramedic found to be in the course of his employment when injured on his day off while assisting on-duty paramedics with a fellow music festival attendee who had collapsed

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...

The Nova Scotia Court of Appeal found the WCB’s decision that the injured worker’s medical marijuana did not qualify for medical aid under its policy was reasonable, and that the policy itself requiring qualifying medical aid treatment to be consistent with Canadian healthcare standards was intra vires and consistent with the Workers Compensation Act

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...

The BC Court of Appeal found the City of Vancouver’s bylaw authorizing its director of planning to relax zoning bylaw provisions for development proposals that include low cost housing to be valid

15. May 2018 0
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...

ABQB upholds Chief Commissioner’s decision on judicial review, concluding the Chief Commissioner drew a reasonable inference that preference for a female babysitter could be easily explained

20. February 2018 0
A man complained to the Human Rights Commission that he was discriminated against based on gender when a woman failed to consider him for a babysitting position she posted on Kijiji on the basis that he was male. She was looking for someone to babysit her child in her home and preferred a female. The ...

Supreme Court of Canada affirms BC Human Rights Tribunal decision to dismiss application, finding the HRT had jurisdiction over the complaint where section 13 only requires a sufficient nexus with the employment context, and not necessarily a relationship of economic power

20. February 2018 0
The BC Human Rights Tribunal dismissed a respondent’s application to dismiss a complaint against him on the basis that the HRT did not have jurisdiction. The complaint was made by an individual who was not employed by the respondent or the respondent’s employer, but rather, they worked on a mutual project together. The respondent argued ...

Master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation upheld on appeal

19. September 2017 0
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...

Transportation Authority’s decision to refuse anti-abortion advertisement on its buses upheld as reasonable and proportionate on judicial review

19. September 2017 0
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...