The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

The Appellant, Mr. Lam, successfully appealed a summary judgment decision made by a motion judge. The motion judge had dismissed his action for damages against the Respondent, University of Western Ontario Board of Governors.

Administrative law – Decisions reviewed – University Appeal Board – Discretion of delegated authority – Judicial review – Appeals – Standard of review – Correctness – Universities – Damages Lam v. University of Western Ontario Board of Governors, [2019] O.J. No. 611, 2019 ONCA 82, Ontario Court of Appeal, February 6, 2019, G.R. Strathy C.J.O., P.D. Lauwers and ...

The individual applicants were unsuccessful in attempting to quash the decision of the Ontario Government (the Minister of Children, Community, and Social Services). The Minister had decided to cancel a pilot program offering basic income to individuals in Ontario. The Court held the Minister’s decision was a policy and funding decision and could not be quashed by the Court.

Administrative law – Decisions reviewed – Minister of Children Community and Social Services – Government – Funding of programs Bowman v. Ontario (Minister of Children, Community and Social Services), [2019] O.J. No. 746, 2019 ONSC 1064, Ontario Superior Court of Justice, February 14, 2019, J.A. Thorburn, R.B. Reid and F.L. Myers JJ. The Respondent, Government ...

The Appellant, Envirocon Environmental Services ULC, successfully appealed a Chambers decision. The Chambers Judge had refused to interfere with the Tribunal’s application of the legal test for indirect or adverse effect discrimination. The Court of Appeal held the Tribunal’s decision was patently unreasonable.

Administrative law – Decisions reviewed – Human rights tribunal – Discrimination – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Employment – Termination of employment Envirocon Environmental Services ULC v. Suen, [2019] B.C.J. No. 146, 2019 BCCA 46, British Columbia Court of Appeal, February 5, 2019, S.D. Frankel, S. Stromberg-Stein ...

The Court of Appeal dismissed an appeal brought by the Chief Coroner of the Yukon. On an application for judicial review, a Chambers Judge had ordered an inquest into the death of Ms. Cynthia Blackjack in spite of the Chief Coroner’s decision not to do so. The Court of Appeal dismissed the appeal, upholding the court’s concurrent, equivalent and continuing jurisdiction pursuant to the Coroners Act.

18. December 2018 0
Administrative law – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Criminal matters – Coroner’s inquest Blackjack v. Yukon (Chief Coroner), [2018] Y.J. No. 91, 2018 YKCA 14, Yukon Territory Court of Appeal, October 24, 2018, E.A. Bennett, L.A.M. Charbonneau and G. Dickson JJ.A Ms. Cynthia Blackjack died on-board a medevac aircraft ...

No formal complaint made pursuant to the Police Act. The Court of Appeal allowed the appeals of the three constables.

18. December 2018 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Jurisdiction – Compliance with legislation – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Professions – Police – Disciplinary proceedings Deluca v. Alberta (Law Enforcement Review Board), [2018] A.J. No. 1220, 2018 ABCA 340, Alberta Court of Appeal, ...

The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

The Applicant, Chartered Professional Accountants of British Columbia (“CPABC”), unsuccessfully sought leave to appeal a decision of the British Columbia Supreme Court. The Supreme Court had allowed a statutory appeal from a discipline decision made by the CPABC against the Respondent, Mr. Vuong Nguyen.

18. September 2018 0
Administrative law – Decisions reviewed – Chartered Professional Accountants Disciplinary Committee – Judicial review – Appeals – Correctness – Accountants – Disciplinary proceedings – Procedural fairness Nguyen v. Chartered Professional Accountants of British Columbia, [2018] B.C.J. No. 1428, 2018 BCCA 299, British Columbia Court of Appeal, July 17, 2018, J.E.D. Savage J.A. (In Chambers) Mr. ...

The Appellant, University of British Columbia, successfully appealed the order of a Chambers Judge. The Chambers Judge had denied its petition for judicial review of a decision of an adjudicator in the Office of the Information and Privacy Commissioner (OIPC). The adjudicator had ordered certain admissions criteria to be disclosed to the Respondent, Mr. Lister.

Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness University of British Columbia v. Lister, [2018] B.C.J. No. 658, 2018 BCCA 139, British Columbia Court of Appeal, April 13, 2018, M.V. Newbury, P.A. ...