Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Rules and by-laws – Conduct of tenant – Residential tenancy agreements – Termination – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Nethervue Park Ltd. v. MacKinnon, [2013] N.B.J. No. 21, 2013 ...

The Ontario Superior Court of Justice struck out the plaintiff’s Statement of Claim against the defendant College of Physicians and Surgeons of Ontario on the grounds that it was plain and obvious that the Statement of Claim disclosed no reasonable cause of action against the defendant. The plaintiff had claimed damages against the College for damages caused by the alleged malpractice of a physician who was a member of the College. The plaintiff’s Statement of Claim alleged that the College did not properly investigate the plaintiff’s complaint regarding the physician and that its investigation process was not transparent.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Privilege and immunity – Physicians and surgeons – Governance – Investigations – Judicial review – Disclosure – Evidence – No reasonable cause of action – Abuse of process Kwabanza v. College of Physicians and Surgeons of Ontario, [2012] O.J. No. 4966, ...

The Alberta Court of Appeal dismissed an application for leave to appeal from a decision of the Edmonton Subdivision and Development Appeal Board. The Court held that applicant’s grounds for appeal did not raise questions of law alone and thus the Court lacked expertise and jurisdiction to set aside the Board’s findings. Further, the Court held that the applicant’s suggestion that because one of the members of the panel which rendered the decision had previously ruled on a similar case, he appears to have been biased had no chance of success in the Court of Appeal and leave was not granted on that ground.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Judicial review – Bias – Jurisdiction of court McCauley Community League v. Edmonton (City), [2012] A.J. No. 1077, 2012 ABCA 314, Alberta Court of Appeal, October 30, 2012, J.E.L. Côté J.A. The applicant, the McCauley Community League, applied for leave to ...

A Regulatory Board did not perform the function it was statutorily required to in accordance with procedural fairness. The Court of Appeal held that the Motor Transport Board did not accept the apellant’s third application for filing and review the material filed to assess whether it met the threshold that, in the absence of evidence to the contrary, required that the application be granted and instead dismissed the application on grounds that it constituted an abuse of process. The Board did not give the appellant a meaningful opportunity to respond to that decision.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Motor Transport Board – Judicial review – Procedural requirements and fairness – Evidence Prairie Coach Charter Services Ltd. v. Manitoba (Motor Transport Board), [2012] M.J. No. 342, 2012 MBCA 95, Manitoba Court of Appeal, October 12, 2012, F.M. Steel, M.M. Monnin and A.D. MacInnes JJ.A. The appellant, ...

The Court of Appeal held that the College’s failure to provide sufficient notice to a registrant regarding a complaint against him did not constitute a breach of procedural fairness as the College’s duty is only invoked once an inquiry lawfully begins. Further, there were no exceptional circumstances which justified a judicial review while the registrant had an alternate, statutory remedy which he declined to exercise.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Massage Therapists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Availability – Jurisdiction – Compliance with legislation – Natural justice – Procedural requirements and fairness – Notice requirements – Appeals – Remedies – Alternative remedies ...

The Court held that a rehearing and decision rendered by a final authority in a Canadian Forces grievance did not rectify the error committed by the initial authority and therefore the grievor was denied procedural fairness. The applicant was severely injured while driving to activate her Family Care Plan which she had been requested to prepare by the Canadian Forces. She applied for disability benefits which were denied by the Department of Veterans Affairs. The applicant filed a grievance which was referred to the Director General, Personnel and Family Support in error. The applicant then chose to have the matter referred to the final authority which upheld the dismissal. The Court held that the decision was not fully informed, and that the board failed to consider all the appropriate circumstances and precedents in reaching its decision.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Military Committees – Grievances – Government – Pensions – Eligibility – Employment law – Government employees – Benefits – Policies – In and out of the course of employment – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Fawcett v. Canada (Attorney ...

The British Columbia Court of Appeal held that a regional district committed a breach of procedural fairness in failing to disclose all relevant information prior to a public hearing to discuss a bylaw amendment. The district had introduced a bylaw which would prohibit composting and recycling on a property owned by the applicant which operated a composting business and had applied for a license to expand the scope of its business. The application was received negatively and the bylaw restricting use was subsequently introduced and passed. The Court held that the district had failed to give notice to the applicant and the public of its intention to rely on the reports prepared for the license application.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Change of by-laws – Notice and consultation – Judicial review – Permits and licences – Procedural requirements and fairness Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District), [2012] B.C.J. No. 1684, 2012 BCCA 338, British ...

The Court upheld an Environmental Protection Order issued by the Minister of the Environment as valid under the Environmental Management and Protection Act. The Court held that the appellants had been properly notified of the Minister’s intent to issue the order, and that despite the fact that the appellants no longer occupied the property in question, the Order conformed with the “polluter pay” principle established by the Supreme Court of Canada.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – Remediation – Judicial review – Compliance with legislation Envirogun Ltd. v. Saskatchewan (Minister of Environment), [2012] S.J. No. 320, 2011 SKQB 339, Saskatchewan Court of Queen’s Bench, September 16, 2011, J.E. McMurty J. The Appellants, Envirogun Ltd. and ...

The Court of Appeal set aside an order for treatment forthwith pursuant to s. 672.58 of the Criminal Code for the purposes of making a detained accused fit for trial. The Court held the order to be improper on the basis that the hospitals did not have the necessary facilities available and did not provide consent to the order pursuant to s. 672.62 of the Code. The consent requirement in the Code did not violate s. 7 of the Charter despite the fact that concerns regarding the patient’s liberty and security of the person were triggered when such an order was made. The Court held that even if an accused’s rights are deprived, the consent requirement ensures that the deprivation occurs in a manner that accords with the principles of fundamental justice.

24. July 2012 0
Administrative law – Mental health facility – Treatment plans –  Statutory provisions – Criminal Code – Charter of Rights and Freedoms – Life, liberty or security of the person – Prisons – Transfer of inmates – Judicial review –  Compliance with legislation –  Procedural requirements and fairness Centre for Addiction and Mental Health v. Ontario, ...