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 ...

Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner

25. January 2022 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Remedies – Certiorari – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming Sandhu v. British Columbia (Police Complaint Commissioner), [2021] B.C.J. No. 2688, 2021 BCSC 2424, British Columbia ...

Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...

The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review

19. October 2021 0
Administrative law – Decisions reviewed – Pension Appeals Board – Judicial review application – Jurisdiction – Issue estoppel – Workers compensation – Pension benefits Chartrand v. Healthcare of Ontario Pension Plan (HOOPP), [2021] O.J. No. 4550, 2021 ONSC 5840, Ontario Superior Court of Justice Divisional Court, September 2, 2021, K.E. Swinton J. The applicant, Joan ...

Government employee attacks internal hiring decision without success

17. August 2021 0
Administrative law – Decisions reviewed – Labour and employment boards – Bias – Judicial review applications – Appeals – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Employment law – Appointment Gulia v. Canada (Attorney General), [2021] F.C.J. No. 522, 2021 FCA 106, Federal Court of Appeal, June ...

Court upholds penalties for a City Councillor who sexually harassed a colleague

17. August 2021 0
Administrative law – Decisions reviewed – Municipal Council – Integrity Commissioner – Judicial review application – Disclosure – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness – Professional governance and discipline – Professional misconduct / conduct unbecoming – Code of conduct – Municipalities – Discipline of officials ...

Off duty conduct must be carefully assessed before concluding it warrants disciplinary action

Administrative law – Decisions reviewed – Royal Canadian Mounted Police – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Laporte v. Canada (Attorney General), [2021] F.C.J. No. 120, 2021 FC 118, Federal Court, February 5, 2021, R.F. Southcott J. ...

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, ...