The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office

20. June 2023 0
Administrative law – Decisions reviewed – Justices of the Peace Review Council – Jurisdiction – Professions – Judges – Judicial misconduct – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Practice – Adjournment Ballam v. Justices of the Peace Review Council, [2023] O.J. No. 1785, 2023 ONSC 2502, Ontario ...

Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances

16. May 2023 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Hearings – Hearing de novo – Judicial review – Procedural requirements and fairness – Remedies Faruk v. Ontario (Landlord and Tenant Board), [2023] O.J. No. 1617, 2023 ONSC 2191, Ontario Superior Court of Justice, April 13, 2023, M.G. Ellies R.S.J., N.L. Backhouse and T.R. ...

Make sure there is a connecting theme between events, before trying to argue the last in the series of events extends a filing deadline, or you might be disappointed

21. February 2023 0
Administrative law – Decisions reviewed – Human Rights tribunal – Discrimination – Judicial review – Extension of time – Delay – Standard of review – Reasonableness Chen v. Western University, [2022] O.J. No. 5315, 2022 ONSC 6698, Ontario Superior Court of Justice, December 2, 2022, K.E. Swinton, T.R. Lederer and S. Nishikawa JJ. The applicant, ...

Judicial Review of Business Licensing Decision

17. January 2023 0
Administrative law – Decisions reviewed – Municipal boards – Appeals – Renewal of business licence – By-laws – Judicial review – Procedural requirements and fairness – Failure to provide reasons Paradise Night Club v. Leamington (Municipality), [2022] O.J. No. 4787, 2022 ONSC 6118, Ontario Superior Court of Justice, November 1, 2022, Backhouse J. The applicant ...

University Held to Task on Procedural Fairness

17. January 2023 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Nurses – Penalties Ford v. University of Ottawa, [2022] O.J. No. 5381, 2022 ONSC 6828, Ontario Superior Court of Justice, December 7, 2022, K.E. Swinton, J.A. Ramsay and J. Leiper JJ. Mr. Ford, a University of Ottawa ...

Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted

20. December 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Publication ban – Judicial review – Standing – Investigations – Physicians and surgeons – Suspensions Kilian V. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 4890, 2022 ONSC 5931, Ontario Superior Court of Justice, November 7, 2022, K.E. Swinton, T.R. Lederer ...

Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result

21. June 2022 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Eviction – Reconsideration – Judicial review – Procedural requirements and fairness – Natural justice – Hearings – Adjournment of hearing – Unrepresented complainant Lacroix v. Central-McKinlay International Ltd., [2022] O.J. No. 2220, 2022 ONSC 2807, Ontario Superior Court of Justice, May 11, 2022, D.L. ...