The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service

27. September 2023 0
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...

The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office

Administrative law – Decisions reviewed – Justices of the Peace Review Council – Jurisdiction – Professions – Judges – Judicial misconduct – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Practice – Adjournment Ballam v. Justices of the Peace Review Council, [2023] O.J. No. 1785, 2023 ONSC 2502, Ontario ...

The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Human rights – Discrimination – Family status – Marital status – Gender – Labour relations Gibraltar Mines Ltd. v. Harvey, [2023] B.C.J. No. 720, 2023 BCCA 168, British Columbia Court of ...

Mayor eventually defeats the council members’ effort to replace her as chair of meetings

Administrative law – Municipalities – By-laws – Judicial review – Ultra vires legislation – Standard of review – Correctness – Reasonableness simpliciter Sul v. St. Andrews (Rural Municipality), [2023] M.J. No. 66, 2023 MBCA 25, Manitoba Court of Appeal, March 10, 2023, D.M. Cameron, C.J. Mainella and J.L. Lemaistre JJ.A. The applicant, mayor, sought judicial ...

Denied again – BC Court of Appeal dismisses second appeal from CRT decision

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Appeals Downing v. Strata Plan VR2356, [2023] B.C.J. No. 357, 2023 BCCA 100, British Columbia Court of Appeal, March 1, 2023, P.M. Willcock, J. DeWitt-Van ...

Know your limits – review board cannot dictate process to College

Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...