Limitation period for statutory accident benefits is subject to rule of discoverability

21. January 2020 0
Administrative law – Judicial review – Application – Appeals – Compliance with legislation – Limitations – Discoverability rule Tomec v. Economical Insurance Co., [2019] O.J. No. 5677, 2019 ONCA 882, Tomec v. Economical Insurance Co., Ontario Court of Appeal, November 8, 2019, C.W. Hourigan, M.L. Benotto and J.M. Fairburn JJ.A. The appellant was a pedestrian and ...

A Law Society member is required to cooperate with the Law Society and provide document production at the investigative stage

19. November 2019 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Investigations – Barristers and solicitors – Professional misconduct Cusack v. Law Society of Ontario, [2019] O.J. No. 4467, 2019 ONSC 5015, Ontario Superior Court of Justice, September 4, 2019, N.L. Backhouse, M.L. Edwards and L.G. Favreau JJ. The appellant was a sole practitioner ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

Errors in review of medical record lead to decision of ICRC being set aside

20. August 2019 0
Superior Court overturns decision of the Health Professions Appeal and Review Board on the basis that the ICRC fundamentally erred in its review of the medical record. Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Standard of review – Reasonableness – Physicians and surgeons – Competence Montour v. Ontario ...

The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

16. July 2019 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

The federal Bankruptcy and Insolvency Act governs applications for leave to sue where a receiver is appointed under both that legislation and the provincial Courts of Justice Act

18. June 2019 0
Administrative law – Judicial review – Appeals – Jurisdiction – Standard of review – Correctness Business Development Bank of Canada v. Astoria Organic Matters Ltd., [2019] O.J. No. 1742, 2019 ONCA 269, Ontario Court of Appeal, April 8, 2019, K.N. Feldman, D. Paciocco and B. Zarnett JJ.A. Astoria filed for bankruptcy under the Bankruptcy and ...

This case considers when an application for judicial review will be moot and, if so, when the court will nonetheless exercise its residual discretion to hear the issue. The context was a complaint made with respect to the conduct of a parenting coordinator, mediator and arbitrator appointed under the Ontario Family Law Act to act as an arbitrator in a family law dispute.

21. May 2019 0
Administrative law – Judicial review – Mootness Cuhaci v. Ontario College of Social Workers, [2019] O.J. No 1383, 2019 ONSC 1801, Ontario Superior Court of Justice, March 20, 2019, A. Mullins, F.L. Myers and L.G. Favreau JJ. When is an issue raised on an application for judicial review moot? Even if moot, in what circumstances ...

The court considered the application of the so-called “Kienapple principle” – the principle that a person cannot be punished twice for the same offence. The context of the decision was a Hearing Officer’s disciplinary decision relating to the applicant police officer and the penalty for his misconduct.

21. May 2019 0
Administrative law – Decisions reviewed – Police Commission – Professional governance and discipline – Judicial review – Standard of review – Reasonableness – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming Durham (Regional) Police Service v. Sowa, [2019] O.J. No. 1555, 2019 ONSC 1902, Ontario Superior Court of Justice, March 28, 2019, H.E. Sachs, J.A. ...

The Registrar appealed a decision of the Ontario Licence Appeal Tribunal, which directed it not to suspend the liquor licence of an establishment. In making its decision, the court concluded that a liquor establishment, under section 45 of the applicable regulation, did not have an obligation to ensure that patrons arrive home safely or to ensure that they safely depart their premises.

21. May 2019 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Compliance with legislation – Judicial review – Appeals – Standard of review – Reasonableness Ontario (Registrar, Alcohol, Gaming and Racing) v. 1146587 Ontario Ltd. (c.o.b. The Royal Oak), [2019] O.J. No. 1336, 2019 ONSC 1469, Ontario Superior Court of Justice, March 18, 2019, K.E. Swinton, G.M. ...

A professional regulatory body erred in its application of the law when assessing whether collateral police evidence was admissible

16. April 2019 0
Administrative law – Decisions reviewed – College of Veterinarians – Judicial review – Appeals – Evidence – admissibility – Standard of review – Correctness – Veterinarians – Disciplinary proceedings College of Veterinarians of Ontario v. Choong, [2019] O.J. No. 837, 2019 ONSC 946, Ontario Superior Court of Justice, February 20, 2019, G.B. Morawetz R.S.J., C.J. Horkins ...