It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances

20. April 2021 0
Administrative law – Decisions reviewed – Community Council – Judicial review – Procedural requirements and fairness – Fresh evidence – Admissibility – Standard of review – Reasonableness – Municipalities – By-laws Scott v. Toronto (City), [2021] O.J. No. 591, 2021 ONSC 858, Ontario Superior Court of Justice, February 8, 2021, F. Kristjanson J. On June ...

Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available

19. January 2021 0
Ontario Superior Court of Justice upholds horse racing appeal panel decision not to waive a violation of the rules of thoroughbred racing because the applicant had not administered a banned substance to his horse, the detection of which resulted in the rule violation. Administrative law – Decisions reviewed – Horse Racing – Judicial review application ...

You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts

19. January 2021 0
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...

Reasons are all around – a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

20. October 2020 0
Administrative law – Decisions reviewed – Municipal Appeals Committee – Variance orders – Legislative compliance – Judicial review – Standard of review – Reasonableness – Hearing Ewanek v. Winnipeg (City), [2020] M.J. No. 157, 2020 MBQB 98, Manitoba Court of Queen’s Bench, June 24, 2020, S. Bond J. Application by Ewanek for judicial review of ...

Costs: clear cases only – an award of costs is in the discretion of the judge or the administrative tribunal that makes the award, and appellate courts will only interfere if there has been an error of principle, or the award of costs is plainly wrong

20. October 2020 0
Administrative law – Decisions reviewed – Farm Practices Board – Bias – Costs – Judicial review – Legislative compliance – Standard of review – Correctness Dell v. Zeifman Partners Inc., [2020] O.J. No. 2783, 2020 ONSC 3881, Ontario Superior Court of Justice, June 23, 2020, K.E. Swinton, N.L. Backhouse and F. Kristjanson JJ. Appeal from ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

An application for anonymity may be unsuccessful in light of behaviour inconsistent with a desire for anonymity: both the litigious conduct of a petitioner, and a delay in time in applying for anonymity and sealing of court files after commencing complaints may undermine a petitioner’s assertion of a concern for privacy

Administrative law – Decisions reviewed – Human Rights Tribunal – Duty to accommodate – Judicial review – Natural justice – Standard of review – Patent unreasonableness Stein v. British Columbia (Human Rights Tribunal), [2020] B.C.J. No. 65, 2020 BCSC 70, British Columbia Supreme Court, January 20, 2020, S.C. Fitzpatrick J. The petitioner had initiated and ...

Employers only have to try so hard: terminating employment after an employee fails to engage in the accommodation process and fails to respond to related correspondence is not retaliation

Administrative law – Decisions reviewed – Human Rights Commission – investigations – Disability – Discrimination – Employment law – Wrongful dismissal – Judicial review – Application – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Wojtasiewicz v. Alberta (Human Rights Commission), [2020] A.J. No. 81, 2020 ABCA 23, Alberta Court of ...

Exploring the scope of solicitor-client privilege

17. December 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Standard of review – Correctness – Solicitor-client privilege British Columbia (Minister of Justice) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. 1973, 2019 BCSC 1787, British Columbia Supreme ...