The York Catholic District School Board (“School Board”) appealed aspects of the Ontario Municipal Board’s (“OMB”) decisions in respect of expropriation of land for a school site from a developer (“Bernard”). Bernard cross-appealed. The OMB decisions were largely upheld.

24. August 2004 0
Bernard Homes Ltd. v. York Catholic District School Board, [2004] O.J. No. 2650, Ontario Superior Court of Justice, June 22, 2004, O’Driscoll, McCombs and Wilson JJ. Bernard developed, for residential and commercial purposes, a 61 hectare parcel in Richmond Hill between 1989 and 1995. A condition of approval of Bernard’s plan of subdivision, imposed by ...

An appeal pursuant to section 43 of the Public Hospitals Act was dismissed as the Health Professions Appeal and Review Board (the “HPARB”) was held to have understood its role and applied the proper tests, resulting in a conclusion that was reasonable. While there had been a denial of procedural fairness in that the Appellant was provided with a package of 17 complaints at a meeting without being afforded an opportunity to investigate and consider them, that denial was “corrected” when it was agreed by the parties to have the situation reviewed by an independent expert agreeable to both parties.

27. July 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Fairness – Public interest – Judicial review – Administrative decisions – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Soremekun v. University Health Network, [2004] O.J. No. 2085, Ontario Superior Court of Justice, May 18, 2004, MacFarland, Wilson and Swinton ...

The court overturned the decision of the Assistant Information and Privacy Commissioner (the “Commissioner”) who ordered a government agency, the Municipal Property Assessment Corporation (the “MPAC”), to provide a collection agency with an electronic record containing personal information of Ontario residents as the Commissioner erred in finding that there was legislation that expressly authorized the MPAC to disclose information for the purposes of section 14(1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (the “MFIPPA”)

27. July 2004 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Electronic records – Municipalities – Property assessment – Statutory interpretation – Judicial review – Standard of review – Correctness Municipal Property Assessment Corp. v. Ontario (Assistant Information and Privacy Commissioner), [2004] O.J. No. 2118, Ontario Superior Court of Justice, May 21, 2004, Benotto, Dunn and ...

An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

27. July 2004 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...

A medical doctor (“Dr. Li”) was unsuccessful in his application for a stay of the decision of the Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario (the “College”) that his license to practice medicine be revoked pending his appeal to the Ontario Superior Court

22. June 2004 0
Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. 1828, Ontario Superior Court of Justice, April 30, 2004, MacFarland J. In December of 2002, the Committee found that Dr. Li had committed acts of professional misconduct involving the improper performance of breast examinations. The penalty imposed was immediate revocation of Dr. Li’s ...

Starson, who was found not criminally responsible on account of a mental disorder, had been detained in hospital and unsuccessfully appealed from the disposition of the Ontario Review Board (the “Board”) that he should continue to be detained in a medium security unit, on the basis of the Board’s findings that he represented a significant threat to society, and that the disposition of keeping him in medium security was the least onerous disposition, were unreasonable

25. May 2004 0
Administrative law – Prisons – Inmates Not Criminally Responsible for their crimes – Transfer of inmates – Public safety – Decisions of administrative tribunals – Review Board – Evidenciary issues – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter R v. Starson, [2004] O.J. No. 941, Ontario Court of Appeal, March ...

The Ontario Superior Court of Justice quashed decisions of the Ministry of Community, Family and Children’s Services (the “Ministry”) relating to applications for funding by parents of children with disabilities including Autism Spectrum Disorder. The court found that the process employed by the Ministry to consider the proposals at issue fell short of the procedural fairness mandated by law.

25. May 2004 0
Administrative law – Government – Funding of programs – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Nieberg (Litigation guardian of) v. Ontario (Minister of Community Family and Children’s Services), [2004] O.J. No. 1135, Ontario Superior Court of Justice, March 18, 2004, Benotto, Dunn and McCombs JJ. Jared ...

Dr. Devgan was found guilty of professional misconduct by the Discipline Committee of the College. Following the hearing, Dr. Devgan appealed the decision and the Order of the Discipline Committee was stayed. The College sought to lift the automatic stay of the Order. The court refused to lift the stay so long as Dr. Devgan complied with a number of conditions. Dr. Devgan failed to comply with the court’s conditions and the College once again sought to lift the stay. The College’s motion was granted and Dr. Devgan’s licence to practise was revoked.

27. April 2004 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Public interest – Suspensions – Stay of suspension – Court imposed conditions – Decisions of administrative tribunals – College of Physicians and Surgeons Devgan v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. 517, Ontario Superior Court of ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

27. April 2004 0
Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...

Ms. Neto successfully appealed a decision of the Consent and Capacity Board (the “Board”) that had determined that she was not capable of consenting to the administering of several medications to treat bipolar affective disorder

20. April 2004 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Test – Right to refuse medical treatment – Mental health – Consent to treatment – Judicial review – Compliance with legislation Neto v. Klukach, [2004] O.J. No. 394, Ontario Superior Court of Justice, February 10, 2004, Day J. Ms. Neto is a ...