Appeal from decision of Licence Appeal Tribunal to revoke liquor licence of strip club operated by Hells Angels member

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Alcohol and Gaming Commission – Permits and licences – Revocation – Judicial review – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter – Failure to provide reasons 751809 Ontario Inc. (c.o.b. Famous Flesh Gordon’s) v. Ontario (Registrar, Alcohol and ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

An Applicant sought judicial review of a decision by the Complaints Committee of the Respondent Association of Professional Engineers of Ontario not to refer his complaint to its Discipline Committee. The Applicant further filed a motion for production of all documents related to the investigation of the Applicant’s complaint, the proceedings before the COC, and the decision of the COC. The Court dismissed the application for production, finding that the decision of the COC not to deal with a complaint was an exercise of discretion authorized by statute, falling outside of the definition of a statutory power of decision. Given the nature of the screening out decision, the requirement for producing the record of proceedings as framed by the Applicant was overly broad at this stage in the proceedings.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Investigations – Judicial review – Disclosure of records Harrison v. Assn. of Professional Engineers of Ontario, [2014] O.J. No. 5382, 2014 ONSC 6549, Ontario Superior Court of Justice, November 12, 2014, R. Beaudoin J. The Applicant ...

A decision to dismiss Requests for Hearing that had been outstanding for 15 years before the Health Services Appeal and Review Board (the “Board”) to determine whether the licence for an independent health facility ought to be amended to add back the ability to perform vascular ultrasounds, was upheld on a statutory appeal

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Administrative courts – Statutory powers – Permits and licences – Judicial review – Abuse of process – Mootness – Delay – Standard of review – Reasonableness simpliciter B.S.A. Diagnostics Ltd. v. Ontario (Attorney General), [2014] O.J. No. 5035, 2014 ONSC ...

Law Society Hearing Panel concluded that appellant lawyer could not be found to have committed fraud in “flip transactions” in absence of evidence from other persons involved in the allegedly fraudulent transactions. The Appeal Panel found that the Hearing Panel made errors of law in respect of what is required to prove fraud, and ordered a new hearing. On review, the court determined that the standard of review was reasonableness, since the decision regarding the application of the test for fraud to the facts is a question of mixed fact and law. The court ruled that the Appeal Panel’s decision was reasonable, and dismissed the appellant’s appeal.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct or conduct unbecoming – Competence – Fraudulent transactions – Disciplinary proceedings – Penalties – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Law Society of Upper Canada v. Talarico, [2014] O.J. No. 3617, 2014 ONSC ...

The Applicant (Mr. Plotkine) unsuccessfully sought leave to appeal a decision of the Ontario Municipal Board. The Board had permitted 10 variances for the Respondent neighbours (Allan and Susan Seidenfeld) to build a home that did not comply with the building code.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Variance orders – Judicial review – Appeals – Parties – Standing – Failure to provide reasons – Evidence Plotkine v Seidenfeld, [2014] O.J. No. 3375, 2014 ONSC 4157, Ontario Superior Court of Justice, July 16, 2014, T.R. Lederer ...

The Applicants were unsuccessful in seeking a judicial review of the Respondent Coroner’s decision to not allow cross-examination on a narrow issue that related solely to credibility

22. July 2014 0
Administrative law – Coroner’s inquest – Police officers – Investigations – Right to cross-examine – Judicial review application – Premature – Witnesses – Privileged communications Minty v. Lucas, [2014] O.J. No. 2579, 2014 ONSC 3169, Ontario Superior Court of Justice – Divisional Court, May 27, 2014, F.P. Kiteley, M.R. Dambrot and T.D. Ray JJ. The ...

Application by public interest advocacy groups for leave to intervene as amicus curiae in an appeal from decision dismissing involuntarily detained patient’s habeas corpus application

22. July 2014 0
Administrative law – Hearings – Parties – Judicial review – Application for intervenor status – Adult in need of protection – Charter of Rights and Freedoms – Remedies – Habeas corpus P.S. v. Ontario, [2014] O.J. No. 2853, 2014 ONCA 160, Ontario Court of Appeal, February 28, 2014, J.I. Laskin J.A. The appellant was involuntarily detained at ...

Mr. Chiarelli (“Chiarelli”) was unsuccessful in appealing from an order that permanently enjoined him from engaging in the practice of law or in the provision of legal services in Ontario.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Paralegals – Unauthorized practice – Advertising – Disciplinary proceedings – Self-representation – Penalties and suspensions – Judicial review – Compliance with legislation Law Society of Upper Canada v Chiarelli, [2014] O.J. No. 2328, 2014 ONCA 391, Ontario Court of Appeal, May 14, 2014, ...

A massage therapist (“Ren”) was unsuccessful on judicial review of a caution issued against her by a panel of the Inquiries, Complaints and Reports Committee of the College (“ICRC”)

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Investigations – Advertising – Massage Therapists – Disciplinary proceedings – Judicial review – Jurisdiction of court – Natural justice – Procedural requirements and fairness Ren v. College of Massage Therapists of Ontario, [2014] O.J. No. 2244, 2014 ONSC 2758, Ontario Superior Court ...