Court upholds revocation of physician’s licence after repeated care and conduct concerns over a lengthy period of time

16. March 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Standard of review – Correctness – Professions – Physicians and surgeons – Billing matters – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties Hanson v. College of Physicians and Surgeons of Ontario, [2021] O.J. No. 336, 2021 ONSC ...

Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available

19. January 2021 0
Ontario Superior Court of Justice upholds horse racing appeal panel decision not to waive a violation of the rules of thoroughbred racing because the applicant had not administered a banned substance to his horse, the detection of which resulted in the rule violation. Administrative law – Decisions reviewed – Horse Racing – Judicial review application ...

City ordered to produce redacted legal invoices from collective bargaining process on a freedom of information request

20. October 2020 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Disclosure – Exceptions – Judicial review – Legislative compliance – Standard of review – Reasonableness – Municipalities – Statutory interpretation Brockville (City) v. Ontario (Information and Privacy Commissioner), [2020] O.J. No. 3160, ...

Costs: clear cases only – an award of costs is in the discretion of the judge or the administrative tribunal that makes the award, and appellate courts will only interfere if there has been an error of principle, or the award of costs is plainly wrong

20. October 2020 0
Administrative law – Decisions reviewed – Farm Practices Board – Bias – Costs – Judicial review – Legislative compliance – Standard of review – Correctness Dell v. Zeifman Partners Inc., [2020] O.J. No. 2783, 2020 ONSC 3881, Ontario Superior Court of Justice, June 23, 2020, K.E. Swinton, N.L. Backhouse and F. Kristjanson JJ. Appeal from ...

Regulatory body can appoint administrator to provide oversight during investigation into police misconduct

15. September 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Public interest Durham Police Service v. Ontario Civilian Police Commission, [2020] O.J. No. 1490, 2020 ONSC 1116, Ontario Superior Court of Justice, April 6, 2020, ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

The decision of an examining board failed to clearly consider the applicant’s health concerns following a failed assessment

16. June 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Failure to provide reasons – Judicial review – Standard of review – Reasonableness – Dentist – Training requirements Mattar v. National Dental Examining Board of Canada, [2020] O.J. No. 779, 2020 ONSC 403, Ontario Superior Court of Justice, February 24, 2020, C.D. Aitken, ...

Evidence and determining whether a decision is reasonable

Administrative law – Decisions reviewed – Police Commission – Failure to provide reasons – Judicial review – Application – Standard of review – Reasonableness – Professions – Police Correa v. Ontario (Civilian Police Commission), [2020] O.J. No. 438, 2020 ONSC 133, Ontario Superior Court of Justice, February 3, 2020, K.E. Swinton, R.A. Lococo and F.L. ...

Dental exams and the standard of review

Administrative law – Decisions reviewed – Dental Board Association and College – Failure to hold a hearing – Judicial review – Application – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Dentists Pour v. Canada (National Dental Examining Board), [2020] O.J. No. 556, 2020 ONSC 555, Ontario Superior Court of ...

A pharmacist is told “no” for the second time after trying to dispute a remedial decision by the College

21. January 2020 0
The Applicant pharmacist, Mr. Jaffer, was unsuccessful in attempting to seek judicial review of a decision of the Health Professions Appeal and Review Board (“HPARB”). The HPARB dismissed his appeal from a decision made by the Ontario College of Pharmacists relating to a remedial disposition in a complaint matter. Administrative law – Decisions reviewed – ...