The Appellant funeral director unsuccessfully appealed a decision of the Respondent Board’s License Appeal Tribunal (LAT). The LAT had decided to revoke the Appellant’s funeral director license.

Administrative Law – Decisions of administrative tribunals – Funeral Services – License Appeal Tribunal – Funeral directors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review –  Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Johal v. Ontario (Board of Funeral Services), [2011] O.J. No. 6226, 2011 ONSC 7525, ...

The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use

Administrative law – Decisions of administrative tribunals – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Jurisdiction of court – No reasonable cause of action W.W. v. Lakefield College School, [2012] O.J. No. 375, 2012 ONSC 577, Ontario Superior Court of Justice, January 27, 2012, P. Lauwers J. The Applicants ...

The Appellant (“Merck”) unsuccessfully appealed from a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs.

Administrative Law – Decisions of administrative tribunals – Government institution – Freedom of information and protection of privacy – Public bodies – Disclosure – Third parties – Notice – Judicial review – Compliance with legislation – Evidence – Standard of proof Merck Frosst Canada Ltd. v Canada (Health), [2012] S.C.J. No. 3, 2012 SCC 3, ...

The applicant, Truckair, successfully applied for judicial review of a Provincial Court judge’s decision not to recuse himself in a hearing about his jurisdiction to decide a Charter issue

27. December 2011 0
Administrative law – Judges – Recusal – Judicial review – Bias Truckair v Canada, [2011] N.S.J. No. 577, 2011 NSSC 398, Nova Scotia Supreme Court, October 28, 2011, C.A. Bourgeois J. The applicant (Truckair) was charged with six counts of fishery offences and a search warrant was obtained by investigators. Soon after, an ex parte application was made to ...

The respondent registrant appealed a College decision to the Health Professions Appeal Review Board (“HPARB”) and made a complaint to the Ontario Human Rights Commission about the College’s decision. The HPARB upheld the College’s decision and the College then applied to the Ontario Human Rights Tribunal to have her complaint dismissed. The Tribunal refused to dismiss it and the College applied for judicial review and obtained an order quashing the Tribunal’s decision.

27. December 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Human Rights Tribunal – Nurses – Disciplinary proceedings – Public interest – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judicial review – Appeals – Investigations – Standard of review – Correctness – Compliance with legislation – Privative clauses ...

The Appellant Chief of Police successfully appealed the Respondent Law Enforcement Review Board’s decision that it had jurisdiction to review the Chief of Police’s decision to take no further action in respect of a complaint

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police Commission – Law Enforcement Review Board – Jurisdiction – Police – Disciplinary proceedings – Judicial review – Investigations – Standard of review – Correctness – Compliance with legislation Edmonton Police Service v Alberta (Law Enforcement Review Board), [2011] A.J. No. 1117, 2011 ABCA 288, Alberta Court of ...

The appellant warden of Mission Institution was unsuccessful in her appeal of a chambers decision which ordered that the respondent inmate be returned from Kent Institution to Mission Institution

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Prison warden – Prisons – Transfer of inmates – Judicial review –  Investigations – Disclosure – Test – Procedural requirements and fairness – Remedies – Habeas corpus – Certiorari Khela v. Mission Institution, [2011] B.C.J. No. 2111, 2011 BCCA 450, British Columbia Court of Appeal, November 9, 2011, ...

The Registrar of Mortgage Brokers (the Appellant) successfully appealed a decision of the Supreme Court relating to the application of section 22(7) of the Mortgage Brokers Act to Mr. Westergaard’s (the Respondent) application for registration

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Licence to practice – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness – Reasonableness simpliciter Westergaard v. British Columbia (Registrar of Mortgage Brokers), [2011] B.C.J. No. 1531, 2011 BCCA 344, British Columbia ...

The Applicants, BP Canada and Inter Pipeline Fund, were granted leave to appeal a decision of the Energy Resources Conservation Board in respect of approvals it granted to a different company, Taylor Processing Inc.

27. September 2011 0
Administrative law – Natural resources – Oil and gas – Contracts – Hearings – Conduct of hearings – Decisions of administrative tribunals – Energy Resources Conservation Board – Judicial review – Appeals – Failure to provide reasons – Natural justice – Procedural requirements and fairness – Witnesses Inter Pipeline Fund v. Alberta Energy Resources Conservation ...