A principal’s isolated misconduct did not justify a demotion

Administrative law – Decisions reviewed – School boards – Judicial review – Appeals – Procedural requirements and fairness – Legislative compliance – Failure to provide reasons – Standard of review – Correctness – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings Oberg v. Saskatchewan Board of Education of the South East Cornerstone School ...

The right to free speech for regulated professionals in their personal time

15. December 2020 0
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

A pharmacist is told “no” for the second time after trying to dispute a remedial decision by the College

21. January 2020 0
The Applicant pharmacist, Mr. Jaffer, was unsuccessful in attempting to seek judicial review of a decision of the Health Professions Appeal and Review Board (“HPARB”). The HPARB dismissed his appeal from a decision made by the Ontario College of Pharmacists relating to a remedial disposition in a complaint matter. Administrative law – Decisions reviewed – ...

An example of how not to suspend a physician from practice for incapacity

21. January 2020 0
The Appellant physician, Dr. Collett, successfully appealed a decision of the College of Physicians and Surgeons of Alberta’s Appeal Council. The Appeal Council had dismissed Dr. Collett’s appeal of the Complaint Director’s decision to suspend him from practice on July 31, 2018. Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

The Landlord/Appellant, Aarti Investments Ltd., was unsuccessful in attempting to appeal a decision of a Chambers Judge. The Chambers Judge had set aside a decision of a residential tenancy branch arbitrator, which had granted an Order of Possession to the Landlord.

Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Appeals – Legislative compliance – Landlord and tenant – Residential tenancy agreements Aarti Investments Ltd. v. Bauman, [2019] B.C.J. No. 840, 2019 BCCA 165, British Columbia Court of Appeal, May 14, 2019, P.M Willcock, R. Goepel and G. Dickson JJ.A. The Appellant/Landlord, Aarti Investments ...