Lewis Markowitz (the “Appellant”), appealed the decision of the Consent and Capacity Board (the “Board”) confirming the finding of a physician that the Appellant was incapable of consenting to treatment within the meaning of the Health Care Consent Act, S.O. 1996, c. 2 (“HCCA”). Pursuant to section 80 of the HCCA, the Appellant sought an Order quashing the decision of the Board and an Order finding the Appellant capable to consent to or refuse treatment, or, alternatively, an Order remitting the matter to the Board for a new hearing on the issue of capacity, with directions.

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Test Consent to treatment – Mental health – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Natural justice Markowitz v. Rootenberg, [2008] O.J. No. 5029, Ontario Superior Court of Justice, December 11, 2008, S.G. ...

An application of the British Columbia Securities Commission to quash the decision of the Employment Standards Tribunal confirming the Determination of the Director’s delegate was denied. The Court concluded that despite Director’s delegate’s, at times, inappropriate submissions before the Tribunal, the petitioner was afforded the required level of natural justice. The finding that s. 51 of the Employment Standards Act, which conferred a right to a parent to take 37 consecutive weeks of absence from work, required that the leave of absence had to begin, but not end within 12 months after the child’s birth, was upheld.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Powers of director – Jurisdiction – Employment law – Benefits – Parental leave – Judicial review – Standard of review – Reasonableness simpliciter – Patent unreasonableness – Procedural requirements and fairness – Compliance with legislation – Interpretation of legislation – Privative clauses British ...

An application for judicial review of a decision of an adjudicator appointed by the general manager of the Liquor Control and Licensing Branch, was dismissed. The adjudicator’s decision that the petitioner had violated its Liquor Primary License was based on a correct interpretation of the regulations and was reasonable.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Primary licences -Take away service – definition – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Compliance with legislation – Evidence – Burden of proof – Procedural requirements and fairness Liquor Stores Limited Partnership v. ...

Pursuant to sections 75 and 76 of the of the Health Professions Procedural Code (the “Code”), which is Schedule 2 of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (the “Act”), investigators appointed by the College of Physicians and Surgeons of Ontario have the power to require observation of surgery conducted by members under investigation, require a member to participate in an interview, and compel a member to answer questions put by investigators. Applications for judicial review of the appointment of an investigator were dismissed on the basis that they were premature, as the investigations had only begun looking into the physicians’ practices and no disciplinary actions had been taken.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional misconduct – Incompetence – Investigations – Powers of investigators – Judicial review application – Striking out – Premature – Compliance with legislation – Statutory interpretation Gore v. College of Physicians and Surgeons of Ontario, [2008] O.J. ...

The standard of review of a decision of the Insurance Councils Appeal Board of Alberta, finding misrepresentation, fraud, deceit, untrustworthiness or dishonesty, on the part of a person licensed to sell life insurance in Alberta, is reasonableness

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Insurance Councils Appeal Board – Jurisdiction – Insurance brokers – Permits and licences – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness – Compliance with legislation – Interpretation of legislation – Privative clauses Roy v. Alberta (Insurance Councils Appeal ...

Decisions of human rights tribunals involving pure questions of law should be reviewed on a standard of correctness. Where questions of law can be identified and separated from the questions of mixed law and fact, the Court should separate the issues and review questions of law on a standard of correctness, not a standard of reasonableness.

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Judicial review – Standard of review – Reasonableness simpliciter – Correctness Ayangma v. Prince Edward Island Eastern School Board, [2008] P.E.I.J. No. 31, 2008 PESCAD 10, Prince Edward Island Supreme Court -Appeal Division, June 26, 2008, Mc.Quaid ...

The Federal Court found a reasonable apprehension of bias on the part of a commissioner of inquiry on the basis of the commissioner’s repeated inappropriate statements to the media. The media is not an appropriate forum in which a decision-maker should become engaged while presiding over a commission of inquiry, a trial, or any other type of hearing or proceeding. The only appropriate forum in which a decision-maker is to become engaged is within the hearing room of the very proceeding over which he or she is presiding.

26. August 2008 0
Administrative law – Investigative bodies – Commission of Inquiry – Commissioner – Reasonable apprehension of bias – Test – Evidence – Judicial review – Procedural requirements and fairness Chretien v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities, Gomery Commission), [2008] F.C.J. No. 973, 2008 FC 802, Federal Court, June 26, 2008, ...

A decision of an appellate administrative tribunal, from which an unqualified right of appeal to an appellate court exists, on the issue of how long it should take a professional self-regulating disciplinary body to prosecute a disciplinary proceeding, is one which should be reviewed on a standard of reasonableness

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Investigations – Delay – Standard of review – Reasonableness simpliciter – Privative clauses – Stay of proceedings Hennig v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 707, 2008 ABCA 241, Alberta Court ...

A decision of the Minister of Education removing the authority from a School Board members for unprofessional conduct was highly discretionary and fact-based. Such a decision was to be reviewed on a standard of reasonableness. As long as it fell within the possible range of reasonable outcomes, the decision should not be overturned on judicial review.

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – School boards – Powers and duties – Code of ethics – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Human rights – Charter of Rights and Freedoms Nova Scotia v. Nova Scotia (Minister of Education), [2008] N.S.J. No. ...