The Applicant Tenant (the “Tenant”) succeeded on an application for judicial review in respect of a decision made by one of the Residential Tenancy Office’s Dispute Resolution Officers (the “DRO”). The DRO had decided the Tenant was properly evicted for cause by the Respondent Landlord.

Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Eviction – Conduct of tenant – Illegal activities – Criminal charges – Evidence – admissibility – past conduct – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness Williams v. Holywell Properties, [2009] B.C.J. No. ...

The Applicant accountant (“Kawula”) unsuccessfully brought an application for judicial review in respect of the Respondent Institute’s decision to proceed with a hearing regarding her conduct

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Competence – Judicial review – Stay of proceedings – Limitations – Procedural requirements and fairness – Natural justice – Delay – Jurisdiction to hear a complaint – Judicial review application – Striking out – Premature ...

The Appellant Engineer (“Puar”) unsuccessfully appealed a decision of the Court, which denied his application for judicial review in respect of the Respondent Association’s decision that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Investigations – Engineers – Disciplinary proceedings – Competence – Judicial review – Jurisdiction – Compliance with legislation – Procedural requirements and fairness Puar v. Assn. of Professional Engineers and Geoscientists, [2009] B.C.J. No. 2186, British Columbia Court of Appeal, November 5, 2009, ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...

The Applicant, Schroder, successfully sought judicial review of the Respondent Board’s decision to discontinue his disability benefits

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Policies – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Schroder v. Alberta (Workers’ Compensation Board), [2009] A.J. No. 1109, Alberta Court of Queen’s Bench, October 9, 2009, M.T. Moreau J. The Applicant Worker injured ...

The Court of Appeal denied Kalo’s application for an order that the Respondent Law Society immediately accept him, on a without prejudice basis, into its admissions program pending the outcome of his avenues of appeal wherein he was disputing the Law Society’s decision to reject him for admission

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Training requirements – Competence – Judicial review – Appeals – Jurisdiction of court – Remedies – Injunctions – Availability Kalo v. Law Society of Manitoba, [2009] M.J. No. 342, Manitoba Court of Appeal, September 29, 2009, ...

The court set aside a decision of the Respondent Review Board and reinstated the decision of the College of Physicians and Surgeons’ Complaints Committee, which had decided to take no further action in respect of a complaint brought against the applicant physician (Dr. McKee)

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Competence – Judicial review – Standard of review – Reasonableness simpliciter McKee v Health Professions Appeal and Review Board, [2009] O.J. No. 4112, Ontario Superior Court of Justice, September 28, 2009, J.R.R. Jennings, K.E. Swinton and W. ...

The Applicant Davidson successfully applied for judicial review of the Respondent Commission’s decision to dismiss her human rights complaint at a preliminary stage. The matter was referred back to the Commission for reconsideration taking into account the reasons for judgment.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Investigations – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Davidson v. Canada Post Corp., [2009] F.C.J. No. 987, Federal Court, July 9, 2009, ...

The Appellant Board successfully appealed the decision of the Chambers judge, which had overturned the Board’s review decision that found the Respondent Petro-Canada was not an employer, within the meaning of the Workers’ Compensation Act, in respect of a safety investigation

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Employer – definition – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Petro-Canada v. British Columbia (Workers’ Compensation Board), [2009] B.C.J. No. 1842, British Columbia Court of Appeal, September 16, 2009, M.V. Newbury, S.D. ...