The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Court issued an order quashing the appellants’ statutory appeals and applications for review of an Environmental Review Tribunal’s decision. The appellants had been ordered to assume the costs of remediation activities on property formerly owned by two companies which had insufficient funds to cover the cost of remediation. The appellants were all former directors or officers of one or both of the companies.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – remediation – Judicial review – Appeals – Jurisdiction of court – Stay of proceedings – Remedies – Interlocutory injunctions Baker v. Ontario (Director, Ministry of the Environments), [2013] O.J. No. 3145, 2013 ONSC 4142, Ontario Superior Court of ...

The Ontario Superior Court of Justice, Divisional Court, confirmed that employees have an evidentiary onus to prove a prima facie case of discrimination before the burden shifts to the employer to provide a credible and rational explanation that its actions were not discriminatory

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Harassment – Disability – Sexual orientation – Hearings – Judicial review – Evidence Walton Enterprises v. Lombardi, [2013] O.J. No. 3306, 2013 ONSC 4218, Ontario Superior Court of Justice, July 11, 2013, A.M. Molloy, K.E. Swinton and ...

A lawyer was found by the Law Society Appeal Panel to have committed 43 particulars of professional misconduct in relation to 11 clients over a six year period. The penalty imposed on the lawyer, who had a mixed personality disorder with no clear prognosis, was the surrendering of her license with terms. The penalty was appealed to the Ontario Court of Justice but dismissed.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Competence – Public interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Failure to provide reasons Bharadwaj v. Law Society of Upper Canada, [2013] O.J. No. 3252, 2013 ONSC 4329, Ontario Superior Court of ...

Physician appealed decision of College’s disciplinary committee, which concluded the physician engaged in disgraceful, dishonourable, and unprofessional conduct, and reprimanded and revoked the physician’s certification

23. July 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Investigations – Competence – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Appeals – Standard of review – Reasonableness simpliciter – Evidence – Procedural requirements and fairness Liberman v. ...

The issue in this appeal was whether serious criminal charges, prior to conviction, can found a refusal to grant registration to a medical student

25. June 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional governance and discipline – Licence to practice – Character evidence – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Chauhan v. Heath Professions Appeal ...

The Ontario Provincial Police appealed the decision of the Civilian Police Commission which overturned a Hearing Officer’s decision to dismiss the respondent, Constable C.S. Purbrick. The court dismissed the appeal and upheld the Commission’s decision on the basis that its decision finding numerous inadequacies with the Hearing Officer’s decision was reasonable in the circumstances. The Court also found the penalties imposed by the Commisssion to be reasonable.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Ontario (Provincial Police) v. Purbrick, [2013] O.J. No. 1821, 2013 ONSC 2276, Ontario Superior Court of Justice, April ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

23. April 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

Appellant successfully appealed an inspector’s order that it was required to report a guest injury to the Ministry of Labour. The Court of Appeal held that the death of a hotel guest in an unsupervised pool was not connected to a potential hazard to employees or work safety issues and that it exceeded the scope of notification requirements set out by the Occupational Health and Safety Act.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Occupational Health and Safety Officer – Reporting requirements – Judicial review – Compliance with legislation Blue Mountain Resorts Ltd. v. Bok, [2013] O.J. No. 520, 2013 ONCA 75, Ontario Court of Appeal, February 7, 2013, J.C. MacPherson, R.P. Armstrong and R.A. Blair ...

The appellant unsuccessfully appealed a decision of the respondent Ontario Securities Commission, dismissing his application to set aside an order of the Commission approving a settlement he made with the Commission’s staff. The appellant argued before the Commission and on appeal that the order approving settlement should have been set aside because of non-disclosure of material information by the Commission staff prior to the settlement and that a member of the Commission was biased.

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Settlements – Judicial review – Bias – Procedural requirements and fairness – Disclosure Rankin v. Ontario (Securities Commission), [2013] O.J. No. 259, 2013 ONSC 112, Ontario Superior Court of Justice, January 11, 2013, M. Brown R.S.J., P.T. Matlow ...