The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...
BC Court of Appeal found the Law Society’s decision not to approve Trinity Western University’s law school was unreasonable because it limited the right to freedom of religion in a disproportionate way. Administrative law – Admission to profession – Barristers and solicitors – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom ...
An application for judicial review of the Human Rights Commission’s decision to direct a complaint for further inquiry by the Tribunal following an investigation was granted because the investigation was not sufficiently thorough. The matter was returned to the investigator with directions. Administrative law – Age – Correctness – Decisions of administrative tribunals – Discrimination ...
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...
After a client reported sexual misconduct by a massage therapist, which the registrant denied, the inquiry committee at the college ordered that he be required to have a chaperone present during all treatments of female patients while the committee investigated the allegations. The registrant sought judicial review of this decision, arguing in part that there ...
The Court of Queen’s Bench allowed an appeal of an Uber driver’s acquittal in respect of two municipal bylaw offences. The Traffic Commissioner had acquitted the driver on the basis that he had not physically accepted the cash during a sting operation, meaning a true transaction did not take place and there was insufficient evidence ...
The Minister’s decision to deny the appellant’s application to become a fully licensed psychologist was upheld as reasonable because the appellant had not provided sufficient paperwork with her application for licensure to demonstrate she had met supervision criteria which was clearly required in order for her to become fully licensed. Administrative law – Decisions of ...
Application for judicial review of the Governor in Counsel’s decision that the significant adverse environmental effects that the Minister of the Environment determined would likely result from the Site C Clean Energy Project on the Peace River were justified in the circumstances. After determining that the reasonableness standard of review applied, and that a considerable ...
