Judicial Review is not a venue for vindication

27. February 2024 0
The Ontario Supreme Court of Justice reaffirmed that unless a statue expressly provides otherwise, a complainant in a professional discipline case has no standing to challenge reasonableness; however the complainant may challenge the decision on procedural fairness. Administrative law – Decisions reviewed – College of Teachers – Judicial review – Standing – Procedural requirements and ...

Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies

30. January 2024 0
Administrative law – Decisions reviewed – School boards – Powers and duties – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness – Correctness – Human rights – Charter of Rights and Freedoms Burjoski v. Waterloo Region District School Board, [2023] O.J. No. 5341, 2023 ONSC 6506, Ontario Superior ...

No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so

27. December 2023 0
The Respondent Law Society’s Tribunal imposed an interim suspension on the Applicant, Ms. Deokaran, and ordered costs against her from that hearing. The Law Society’s Appeal Division denied her appeal. Ms. Deokaran was unsuccessful in applying for judicial review of these two decisions. Administrative law – Decisions reviewed – Law Societies – Permits and licences ...

Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis

29. November 2023 0
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis. Administrative law – Decisions reviewed – Human Rights Tribunal – Natural justice – Procedural requirements and fairness – Jurisdiction – Standard of review – Reasonableness – Human rights – Discrimination – Universities Health-Engel ...

City of Toronto meets procedural fairness obligations under Fair Wage Policy

29. November 2023 0
City of Toronto meets procedural fairness obligations under Fair Wage Policy. Administrative law – Decisions reviewed – Municipalities – Wage disparity – Notice – Judicial review – Disclosure – Procedural requirements and fairness 1460973 Ontario Ltd. (c.o.b. C.P. Systems) v. Toronto (City), [2023] O.J. No. 4079, 2023 ONSC 5213, Ontario Superior Court of Justice, September ...

A professional’s Charter right to freedom of expression falls short against his professional obligations in protecting him from undergoing mandatory training to remediate his public statements

20. October 2023 0
Ontario Superior Court of Justice finds College Committee appropriately balanced Dr. Peterson’s Charter right to freedom of expression and his professional obligations as a regulated member of the College of Psychologists of Ontario in its decision to order Dr. Peterson to engage in remedial activity following him making public statements that may be degrading, demeaning ...

The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service

27. September 2023 0
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...

The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application

27. September 2023 0
Applying a contextual and purposive interpretation to the Law Society of Ontario By-Laws, the Court held that the Hearing Division of the Law Society of Ontario has jurisdiction to refuse an application for a licence after that licence has already been issued where the applicant made a false or misleading representation on or in connection ...

Court addresses application of principles governing judicial discipline

25. July 2023 0
Court addresses application of principles governing judicial discipline. Administrative law – Decisions reviewed – Justices of the Peace Review Council – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Judges – Professional misconduct or conduct unbecoming – Removal from office Ontario (Justice of the Peace) ...

The Ontario Superior Court of Justice reasserts that save for rare and exceptional cases, judicial reviews will be rejected as premature when brought in the middle of administrative proceedings

25. July 2023 0
Ontario Superior Court of Justice dismisses judicial review as premature, finding exceptional circumstances did not exist to warrant early intervention of the courts even though the issue of prematurity of the application was not raised by the parties at the hearing. Administrative law – Decisions reviewed – Arbitration Board – Judicial review application – Premature ...