Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

Sanctions against basketball coaches were set aside after an unfair disciplinary hearing

The Applicants, three volunteer basketball coaches, were sanctioned by the Respondent, the Ontario Association of Basketball Officials (“OABO”). The sanctions were imposed because of the Applicants’ treatment of officials after a high school basketball game. The Applicants succeeded in having the OABO’s decision set aside on this application for judicial review. Administrative law – Association ...

A massage therapist will have a new hearing as a result of Discipline Committee’s errors in credibility assessment in sexual abuse complaint

21. April 2016 0
Appeal from decision of Discipline Committee Panel of the College of Massage Therapists of Ontario on the basis of errors in credibility assessment in sexual abuse complaint. Administrative law – College of Massage Therapists – Conduct unbecoming – Credibility – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Massage Therapists ...

Application by a police officer for an order quashing or staying disciplinary proceedings against him on the basis they contravened his rights under ss. 7 and 11 of the Canadian Charter of Rights and Freedoms

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Police Services Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Investigations – Bias – Compliance with legislation – Charter of Rights and Freedoms – Judicial review Ontario (Provincial Police) v. Ontario (Provincial) Police Services Board, [2015] O.J. No. 6534, 2015 ONSC 7718, ...

Refusal to grant an adjournment resulted in a penalty hearing that was procedurally unfair

25. January 2016 0
Appeal from penalty decision of Ontario College of Physiotherapists on basis registrant was denied procedural fairness. Administrative law – College of Physical Therapists – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Judicial Review – Natural Justice – Penalties and suspensions – Permits and Licences – Physical Therapists – Procedural requirements and ...

Accountant had a duty to cooperate with the investigation of his governing body

22. January 2016 0
The Applicant accountant, Mr. Round, was unsuccessful in his application for judicial review relating to the decision made by his governing body (the Respondent, the Institute of Chartered Accountants). The Respondent had decided to initiate formal professional misconduct proceedings against him relating to his failure to cooperate with its investigation. Administrative law – Accountants – ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

Application to the Ontario Superior Court of Justice by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario for a permanent injunction prohibiting the respondent from practicing traditional Chinese medicine, or holding herself out as doing so

19. November 2015 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Professional governance and discipline – Self-governing professions – Licence to practice – Registration – Public interest – Judicial review – Investigations – Compliance with legislation – Remedies – Injunctions College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v. ...

The Cape Breton University Student’s Union (“CBUSU”) attempted to defederate from the Canadian Federation of Students (“CFS”) through a March 2008 referendum without complying with CFS Bylaws; the referendum was held to be invalid and CBUSU was ordered to pay outstanding fees from the date of the referendum

22. September 2015 0
Administrative law – Associations and clubs – Governance – Elections – By-laws – Judicial review – Compliance with legislation – Procedural requirements and fairness Canadian Federation of Students v. Cape Breton University Students’ Union, [2015] O.J. No. 3633, 2015 ONSC 4093, Ontario Superior Court of Justice, July 10, 2015, R. Beaudoin J. The CFS claimed ...

Applicant applied for judicial review to determine whether the Ontario Civilian Police Commission’s (“OCPC”) erred in law with respect to the standard of proof applicable to police discipline matters

21. August 2015 0
The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities. Administrative law – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Police – Police ...