The Travel Industry Council of Ontario (the “Council”) succeeded on appeal from a decision of the Licence Appeal Tribunal (the “Tribunal”) in setting aside an order awarding Maria Cordeiro reimbursement for the cost of a trip to Brazil from the Travel Industry Compensation Fund (the “Fund”), pursuant to the Travel Industry Act, 2002, S.O. 2002, c.30 (the “Act”).

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Travel Industry Council – Reimbursement of funds – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Travel Industry Council of Ontario v. Cordeiro, [2011] O.J. No. 306, 2011 ONSC 80, Ontario Superior Court of Justice, Divisional Court – Toronto, Ontario, ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A paralegal was unsuccessful in his motion for stay of suspension of a licence to practice

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Paralegals – Licence to practice – Accreditation – Misrepresentation – Stay of suspension – Public interest – Judicial review – Rules and by-laws – Interpretation Vincent v. Law Society of Upper Canada, [2011] O.J. No. 397, 2011 ONSC 476, Ontario Superior Court of Justice, ...

Personal emails sent by a City employee at his workplace were not held subject to freedom of information legislation and thus disclosed to members of the public. In this case the City of Ottawa was not required to disclose personal emails sent by its solicitor to the respondent because the City’s solicitor’s personal emails had nothing to do with his work for the City.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Electronic records Ottawa (City) v. Ontario (Information and Privacy Commissioner), [2010] O.J. No. 5502, 2010 ONSC 6835, Ontario Superior Court of Justice, December 13, 2010, J.R.R. Jennings, A.M. Molloy and P.A. ...

The application by the Children’s Aid Society of the Regional Municipality of Waterloo (the “Society”) for an order quashing a written decision of the Child and Family Services Board (the “Board”) on the grounds that the Board lacked jurisdiction to conduct the review was allowed where the court held that the matters at issue were “before the court” and therefore the Board was statutorily prohibited from reviewing the complaint

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Child and Family Services Review Board – Judicial intervention – Protection matters – Children – Judicial review – Compliance with legislation – Statutory interpretation – Jurisdiction – Failure to provide reasons – Natural justice – Standard of review – Correctness Children’s Aid Society of Waterloo v. D.D., ...

The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The Applicant, Ms. Fawcett, unsuccessfully brought an application for judicial review of a decision made by the Respondent, Canadian Chiropractic Examining Board, which refused to permit her to write an examination on June 12, 2010 as she did not apply for the exam or pay the required fee by the applicable deadline

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...

It would take clear words from the legislature to deprive an investigator, in regard to a professional self-regulating body, of the powers necessary to carry out an investigation. In this case, the enabling statute stated that a licensee must “provide information that relates to the matters under investigation” and the court held that the plain meaning of these statutory words in their entire context and the purpose of the enabling act included that information may be collected orally.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Self-governing professions – Oral interview – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wise v. Law Society of Upper Canada, [2010] O.J. No. ...

The physician, Dr. Deep unsuccessfully brought an application for judicial review in respect of a decision of the respondent Ministry made in the year 2000. The application was dismissed due to undue delay.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Health Insurance Plan – Physicians and surgeons – Billing matters – Judicial review – Delay Deep v. Ontario, [2010] O.J. No. 1938, 2010 ONSC 2102, Ontario Superior Court of Justice, April 29, 2010, S.E. Greer, A.M. Molloy, and J. Mackinnon JJ. The applicant physician, Dr. Deep, brought ...

The appeal by the Ontario Energy Board (the “Board”) from a decision of the Divisional Court declaring that it had exceeded its jurisdiction when it imposed, as a condition in its 2006 rate decision, a duty on the Toronto Hydro-Electric System Ltd. to obtain approval of the majority of its independent directors before declaring any future dividends payable to its affiliates was allowed where the court found that the Board had expressed concern about the level of dividend payments given that increased capital spending was required to address aging plant and to maintain system reliability and this was a reasonable explanation for imposing the condition

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Natural resources – Electricity rates – Board of Directors – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Toronto Hydro-Electric System Ltd. v. Ontario (Energy Board), [2010] O.J. No. 1594, 2010 ONCA 284, Ontario Court of Appeal, April 20, ...