The Federal Court of Appeal allowed the appeals brought by generic drug manufacturers (Teva Canada Limited and Hospira Healthcare Corporation), the Minister of Health, and the Attorney General in respect of a decision from the Federal Court. The Federal Court had allowed applications for judicial review brought by Pfizer Canada Inc. and Janssen Inc. in ...
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack. The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...
The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...
The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...
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 ...
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 ...
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 ...
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 ...
