Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...

Sanctions against basketball coaches were set aside after an unfair disciplinary hearing

The Applicants, three volunteer basketball coaches, were sanctioned by the Respondent, the Ontario Association of Basketball Officials (“OABO”). The sanctions were imposed because of the Applicants’ treatment of officials after a high school basketball game. The Applicants succeeded in having the OABO’s decision set aside on this application for judicial review. Administrative law – Association ...

Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...

BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

Alberta Court held it had no jurisdiction to review the Law Enforcement Review Board’s decision to dismiss a constable

22. January 2016 0
The Applicant, Constable A., was unsuccessful in seeking judicial review of the Respondent Law Enforcement Police Board’s decision regarding her dismissal. Administrative law – Appeal Process – Compliance with legislation – Decisions of administrative tribunals – Judicial Review – Jurisdiction – Penalties and suspensions – Police – Police Review Board – Professional governance and discipline ...

Accountant had a duty to cooperate with the investigation of his governing body

22. January 2016 0
The Applicant accountant, Mr. Round, was unsuccessful in his application for judicial review relating to the decision made by his governing body (the Respondent, the Institute of Chartered Accountants). The Respondent had decided to initiate formal professional misconduct proceedings against him relating to his failure to cooperate with its investigation. Administrative law – Accountants – ...

The Appellant was unsuccessful in appealing a Chambers Judge’s decision that quashed his complaint to the Saskatchewan Human Rights Commission

23. October 2015 0
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision.  On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...

A decision made by the Parole Board of Canada to refuse to grant an oral hearing and rely only on the written record to recommend laying criminal charges against the Applicant was found to have breached the principles of procedural fairness

23. October 2015 0
The Applicant, Ms. Gallone, successfully applied for judicial review in respect of a decision made by the Respondent Parole Board of Canada. The Parole Board had refused to grant an oral hearing and then relied on the written record to recommend the laying of a criminal charge against her. The Court held the Parole Board’s ...

The plaintiff homeowner (Mr. Glaspell) took issue with his neighbour’s construction of a dock and boathouse on Big Cedar Lake. Mr. Glaspell commenced an action against several parties. He then brought a partial motion for summary judgment against some of the defendants seeking declarations with respect to the regulation of docks and boathouses constructed on Ontario lakes. The Court held that the defendant (the Corporation of the Township of North Kawartha) did have jurisdiction to enact and apply by-laws to these structures. The Court also held that occupancy permits and work permits were necessary for these structures.

Administrative law – Decisions of administrative tribunals – Ministerial orders – Natural resources – Water – Municipalities – By-laws – Power to enact by-laws – Planning and zoning – Building permits – Judicial review – Compliance with legislation – Jurisdiction Glaspell v. Ontario (Minister of Municipal Affairs and Housing), [2015] O.J. No. 3246, 2015 ONSC 3965, Ontario ...