The Respondent, Office of the Information and Privacy Commissioner (“OIPC “), succeeded in resisting an application for judicial review of one of its decisions. The OIPC decision related to a driver’s licence scanning system implemented by the Applicant nightclub owners for security reasons. The OIPC decided that the information was not gathered for a reasonable purpose. The Court refused to interfere with that decision.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Collection of records – Reasonable purpose – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Penny Lane Entertainment Group v. Alberta (Information and Privacy Commissioner), [2009] A.J. ...

The Applicant University (the “University”) sought a judicial review of a human rights panel decision not to add the Canadian Union of Public Employees, Local 1870 (the “Union”) as a Respondent to certain complaint proceedings. The University’s application was granted and the human rights panel was directed to add the Union as a party.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Labour law – Collective agreements – Mandatory retirement – Universities – Judicial review – Parties – Standard of review – Correctness – Practice and procedure – Adding parties – test University of Prince Edward Island v. Nilsson, [2009] ...

The Petitioner, Asquini, brought a judicial review application in respect of the decision made by the Workers’ Compensation Appeal Tribunal (WCAT). The WCAT had denied the Petitioner’s appeal of the Workers’ Compensation Board (WCB) decision to deny him a loss of earnings pension. The Petitioner argued that the WCAT decision should be quashed for several reasons, including an argument that the vice chair in the WCAT was biased and there were errors in interpreting WCB policies. The Petition was dismissed.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Pensions – Eligibility – Legislation – Constitutional issues – Ultra vires – Judicial review – Compliance with legislation – Bias Standard of review – Patent unreasonableness Asquini v. British Columbia (Workers’ Compensation Appeal Tribunal), [2009] B.C.J. No. 89, British Columbia Supreme ...

The Appellant Lienaux appealed a decision of the Respondent Barristers’ Society (the “Respondent”), which had found him guilty of conduct unbecoming of a barrister. The Appeal was dismissed because the Court of Appeal found the majority of the rulings of the Respondent were reasonable and the standard of review was reasonableness. Lienaux was successful on one ground of appeal as the Court of Appeal held the Respondent’s decision to prohibit him from representing himself was not reasonable.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Self-representation – Judicial review – Fresh evidence – admissibility – Standard of review – Reasonableness simpliciter – Jurisdiction – Compliance with legislation Lienaux v. Nova Scotia Barristers’ Society, [2009] N.S.J. No. 32, Nova Scotia Court of Appeal, ...

The Petitioner Her Majesty the Queen in Right of the Province of B.C. (the “Province”) applied for leave to appeal the decision of an Arbitrator acting under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 (the “Act”) in respect of a dispute the Province had with the Respondent resort company (the “Respondent”). The Court denied the Province’s application for leave to appeal.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Government – Contract to provide park services – Terms of agreement – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Discretion of court – Powers under legislation British Columbia v. Gibson Pass Resort Inc., [2009] B.C.J. No. 162, British ...

The Court allowed the appeal of the Applicant Police Commissioner (the “Commissioner”) from the decision of a motions judge who held that the disciplinary proceedings brought against the Respondents MacDonald and Jevons should not be stayed pending the outcome of the Commissioner’s application to prohibit the adjudicator from hearing the disciplinary proceeding

27. January 2009 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Adjudicators – Removal – Judicial review – Stay of proceedings – Procedural requirements and fairness – Jurisdiction Ontario (Commissioner, Provincial Police) v. MacDonald, [2008] O.J. No. 5053, Ontario Superior Court of Justice, December 11, 2008, J.D. Cunningham A.C.J.S.C.J., K.E. ...

The Ontario Court of Appeal allowed the appeal of the Medical Advisory Committee (“MAC”) and overturned the decision of the Ontario Superior Court. The Ontario Superior Court held that the arbitrator had erred in deciding the dispute between the MAC and the Respondent Physician. The Court of Appeal held the arbitrator’s decision was subject to judicial review on the reasonableness standard and the decision was reasonable.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – Medical Advisory Committee – Physicians and Surgeons – Hospital privileges – Arbitration Board – Judicial review – Standard of review – Reasonableness simpliciter Smyth v. Perth and Smiths Falls District Hospital, [2008] O.J. No. 4752, Ontario Court of Appeal, November 26, 2008, J.C. MacPherson, E.A. Cronk and ...

The Court of Appeal granted the Respondent College’s application to seal the appeal book in order to protect the privacy interests of the Appellant’s patients. The Court of Appeal also granted the Respondent College’s application for a publication ban on the names of the patients and their family members that were identified during the hearing of the appeal. The privacy interests in this case outweighed the negative effects of the sealing order and publication ban.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Professional governance and discipline – Publication ban – Judicial review – Disclosure of third party records – Medical records – Confidentiality – Freedom of information and protection of privacy – Public interest Osif v. College of Physicians and Surgeons of Nova ...

The Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...