The Applicants (individual practitioners and their Association) were unsuccessful in challenging the Respondent Council’s registration regulation relating to the practice of Traditional Chinese Medicine

Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Governance – Self-governing professions – Charter of Rights and Freedoms – Judicial review – Compliance with legislation – Legislation – Ultra vires Yuan v. Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, [2014] O.J. ...

The Applicant Optometrist was unsuccessful in seeking judicial review of the Respondent College’s decision not to disclose an expert opinion to him before deciding to refer a complaint to its hearing committee

Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Professional governance and discipline – Disciplinary proceedings – Competence – Hearings – Disclosure – Evidence – Judicial review – Investigations – Procedural requirements and fairness Levesque v. Nova Scotia College of Optometrists, [2014] N.S.J. No. 28, 2014 NSSC 22, Nova Scotia ...

The Appellant federal public service employee unsuccessfully appealed a decision of the Federal Court of Canada relating to the Respondent federal public service disclosing her home contact information to the Respondent union representing her bargaining interests.

Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness simpliciter – Costs Bernard v. Canada (Attorney ...

The Applicant police constable successfully sought leave to appeal to the Court of Appeal in respect of a fresh hearing that was conducted by the Respondent, Law Enforcement Review Board, relating to a penalty that was imposed on him by the other Respondent, the Edmonton Police Service

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings  – Hearing de novo – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Furlong v. Edmonton Police Service, [2013] A.J. No. 1119, 2013 ABCA ...

The Applicant worker, Mr. Griffin, sought judicial review of the Respondents’ decisions about his entitlement to survivor benefits pursuant to the Workplace Health, Safety and Compensation Act. The application for judicial review was dismissed.

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Survivor benefits – Entitlement – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness – Reasonableness simpliciter Griffin v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2013] N.J. No. 337, 2013 NLTD(G) ...

The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

The Petitioner (“Ms. Mackay”) successfully appealed a decision of an arbitrator who had rejected her claim for nuisance in respect of her dealings with the Respondent, Archaeology Branch. Those dealings involved the Branch requiring her to obtain a heritage inspection on her property as a condition to obtaining a site alteration permit.

Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Arbitration – Heritage sites – Inspection – Nuisance – Test – Judicial review – Compliance with legislation Mackay v. British Columbia, [2013] B.C.J. No. 1121, 2012 BCSC 945, British Columbia Supreme Court, May 30, 2013, L.B. Gerow J. (In Chambers) ...

The Applicant mother of a suspended student unsuccessfully applied for judicial review of the Respondent Board’s decision to suspend the student for 15 days

Administrative law – Decisions of administrative tribunals – School boards – Notice requirements – Schools – Suspension of students – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Parsons v. Chignecto-Central Regional School Board, [2013] N.S.J. No. 282, 2013 NSSC 170, Nova Scotia Supreme Court, June 4, 2013, P.J. ...