Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...

The Kawartha Pine Ridge District School Board (the “School Board”) was unsuccessful on application for judicial review of the Child and Family Services Review Board’s decision to quash the School Board’s decision expelling a student who had smoked marijuana

25. May 2010 0
Administrative law – Decisions of administrative tribunals – School prinicipal – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Mootness – Standard of review – Reasonableness simpliciter Kawartha Pine Ridge District School Board v. Grant, [2010] O.J. No. 1093, 2010 ONSC 1205, Ontario Superior Court of Justice, ...

The Applicant, a housing co-operative, successfully argued that its decision to terminate an individual’s membership and occupancy rights was both reasonable and fair. In accordance with this finding, the court issued a Writ of Possession in favour of the housing co-operative.

27. April 2010 0
Administrative law – Housing co-operative – Governance – Membership – Termination – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Forestwood Co-operative Homes Inc. v. Blake, [2010] O.J. No. 678, 2010 ONSC 1179, Ontario Superior Court of Justice, February 22, 2010, D.G. Price J. The Applicant, Forestwood Co-operative Homes ...

The Ontario Superior Court of Justice quashed an application for judicial review of a preliminary determination to proceed with a disciplinary hearing, on the grounds that such an application was premature

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Police – Investigations – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Delay – Failure to provide reasons – Judicial review application – Premature Ackerman v. Ontario (Provincial Police), [2010] O.J. No. 738, 2010 ONSC 910, Ontario Superior Court of Justice, February 11, ...

The Appellant facility was successful in arguing, on this appeal, that the Review Board’s disposition was unreasonable and in error because it failed to address the need for interim measures for the detainee, Mr. Rea. There was no practical remedy because the issue was moot.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Review Board – Prisons – Transfer of inmates – Statutory provisions – Criminal Code – Mental health facility – Interim measures – Judicial review – Mootness Mental Health Centre Penetanguishene v. Ontario, [2010] O.J. No. 1044, 2010 ONCA 197, Ontario Court of Appeal, March 16, 2010, R.P. ...

The Applicant (“Dr. Khan”) unsuccessfully brought an application for judicial review in respect of a recommendation made by the Respondent Hospital’s Executive Committee of the Board of Directors (the “Committee”). The Committee recommended that Dr. Khan’s hospital privileges be terminated.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Physicians and surgeons – Hospital privileges – Hearings – Conduct of hearings – Bias – Judicial review application – Striking out – Premature – Judicial review – Compliance with legislation – Jurisdiction Khan v. Scarborough General Hospital, [2009} O.J. No. 5437, Ontario Superior ...

The College of Chiropractors of Ontario appealed a decision of the Divisional Court which had overturned a decision by a panel of the College’s Discipline Committee finding the Respondent Chiropractor guilty of professional misconduct of having sexually abused a patient, and revoking his certificate of registration pursuant to a zero-tolerance mandatory revocation provision in the Health Professions Procedural Code in situations where a member of a regulated health profession has sexual intercourse with a patient. The Court of Appeal found that the Divisional Court had erred in law by imposing on a discipline committee the obligation to enquire into whether the sexual relationship of the parties arose out of their spousal relationship or their doctor-patient relationship in order to determine whether there was sexual abuse. The Court of Appeal allowed the appeal, set aside the decision of the Divisional Court and restored the decision of the Discipline Committee.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Spousal relationship – Treating family members – Statutory provisions – Penalties and Suspensions – Judicial review – Compliance with legislation – Evidence Leering v. College of Chiropractors of Ontario, [2010] O.J. ...

The Court allowed an application by a physician to quash an interim order made by the Complaints Committee of the Respondent College, prohibiting him from performing anesthesia, except in a hospital under the supervision of a certified anesthetist. The Court allowed the application, finding that there was no evidence to support the opinion that the Applicant’s conduct exposed or was likely to expose his patients to harm or injury and, in the result, it was encumbant upon the Committee to give some explanation for rejecting all of the evidence that was contrary to its conclusion.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Liberman v. College of Physicians and Surgeons of Ontario, [2010] O.J. No. 227, 2010 ...

A Registrar’s appeal from a decision of the License Appeal Tribunal (the “Tribunal”) was allowed where the Court found that the Tribunal had directed Unity-A-Automotive be registered as a motor vehicle dealer and Thangarajah be registered as a salesperson without addressing whether his past conduct provided reasonable grounds to believe he would act in accordance with the law and with honesty and integrity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review –  Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Motor Vehicle Dealers Act, Registrar) v. Unity-A-Automotive Inc., [2009] O.J. No. 5198, Ontario Superior Court of Justice, December 3, 2009, W.L. Whalen, M.R. ...

The appellant, Her Majesty the Queen in Right of Ontario (The Ministry of Transportation) successsfully appealed the decision of the Divisional Court to quash the Ministry of Transportation’s decision to award a major highway construction project to Thomas Cavanagh Construction Ltd (“Cavanagh”)

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Government contracts – Bidding and tendering – Judicial review – Procedural requirements and fairness Bot Construction Ltd. v. Ontario (Ministry of Transportation), [2009] O.J. No. 5309, 2009 ONCA 879, Ontario Court of Appeal, December 11, 2009, J.C. MacPherson, R.J. Sharpe, and E.A. Cronk JJ.A. The Ministry of ...