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.

28. July 2015 0
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 ...

The Applicant Donald Chong unsuccessfully sought judicial review of the Respondent College’s decision to impose restrictions on his practice

26. May 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Competence – Judicial review – Procedural requirements and fairness Chong v. College of Physicians and Surgeons, [2015] O.J. No. 1200, 2015 ONSC 922, Ontario Superior Court of Justice, March 12, 2015, G.B. Morawetz R.S.J., ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

The appellant Loyola High School successfully appealed a decision of the respondent Minister of Education, Recreation and Sports. Loyola had been refused for an exemption so it had to implement a mandatory program on ethics and religious culture

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Judicial review – Schools and school boards – Charter of Rights and Freedoms – Freedom of Religion Loyola High School v. Quebec (Attorney General), [2015] S.C.J No. 12, 2015 SCC 12, Supreme Court of Canada, March 19, 2015, McLachlin C.J. and LeBel, Abella, Rothstein, ...

The applicant nurse was not successful in his application for judicial review relating to the respondent College’s demand that he attend an independent medical examination

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Independent Medical Examination – Charter of Rights and Freedoms – Application to disciplinary proceedings – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Iacovelli v. College ...

A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

The Appellants (Mr. Katsoulakos and Micro City Engineering Services Inc.) successfully appealed a decision of the Respondent, the Association of Professional Engineers of Ontario. The decision found that the Appellants were guilty of professional misconduct in respect of their work designing a manure tank for a dairy farm.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Professional misconduct / conduct unbecoming – Competence – Disciplinary proceedings – Judicial review – Appeals – Procedural requirements and fairness – Notice – Evidence – Judicial notice Katsoulakos v Assn. of Professional Engineers of Ontario, [2014] O.J. No. 4430, 2014 ...

The Court allowed a petition brought by the College of Dental Surgeons of British Columbia. The College took issue with a decision of the Respondent, Health Professions Review Board relating to Dr. Ronald Scammell’s treatment for Ms. Patsy McConville.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Investigations – Health Professions Review Board – Dentists – Disciplinary proceedings – Competence – Judicial review – Standard of review – Patent unreasonableness – Jurisdiction College of Dental Surgeons of British Columbia v. Health Professions Review Board, [2014] B.C.J. No. 2443, 2014 ...