A tribunal reasonably declined an adjournment and reasonably proceeded with one hearing on liability and penalty

16. April 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Adjournment of hearing – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness-  Universities – Student discipline Spence v. University of Toronto, [2019] O.J. No. 877, 2019 ONSC 1085, Ontario Superior Court of Justice, February 21, 2019, K.E. Swinton, ...

The Appellant, Mr. Lam, successfully appealed a summary judgment decision made by a motion judge. The motion judge had dismissed his action for damages against the Respondent, University of Western Ontario Board of Governors.

Administrative law – Decisions reviewed – University Appeal Board – Discretion of delegated authority – Judicial review – Appeals – Standard of review – Correctness – Universities – Damages Lam v. University of Western Ontario Board of Governors, [2019] O.J. No. 611, 2019 ONCA 82, Ontario Court of Appeal, February 6, 2019, G.R. Strathy C.J.O., P.D. Lauwers and ...

The individual applicants were unsuccessful in attempting to quash the decision of the Ontario Government (the Minister of Children, Community, and Social Services). The Minister had decided to cancel a pilot program offering basic income to individuals in Ontario. The Court held the Minister’s decision was a policy and funding decision and could not be quashed by the Court.

Administrative law – Decisions reviewed – Minister of Children Community and Social Services – Government – Funding of programs Bowman v. Ontario (Minister of Children, Community and Social Services), [2019] O.J. No. 746, 2019 ONSC 1064, Ontario Superior Court of Justice, February 14, 2019, J.A. Thorburn, R.B. Reid and F.L. Myers JJ. The Respondent, Government ...

The applicant made a request for personal information from the Communications Security Establishment. He claimed the response was unsatisfactory. He filed a formal complaint with the Officer of Privacy Commissioner of Canada, claiming that he had been improperly denied access to his personal information. The complaint was rejected by the Privacy Commissioner. The applicant was unsuccessful before the court on judicial review. The court recognized the sensitivity of the information being requested and concluded that, in respect of some of that information, the decision of the CSE to neither deny nor confirm its existence was reasonable.

19. February 2019 0
Administrative law – Decisions reviewed – Privacy Commissioner – National defence – Disclosure of records – Judicial review – Evidence – Standard of review – Reasonableness Martinez v. Communications Security Establishment, [2018] F.C.J. No. 1190, 2018 FC 1179, Ontario Federal Court, November 23, 2018, S.E. Roussel J. The Communications Security Establishment (the “CSE”) is administered ...

The applicant, a prospective RCMP candidate, was successful on judicial review in setting aside a Human Rights Commission’s decision dismissing his complaint that the RCMP discriminated against him based on his medical condition. The court found the Commission failed to conduct a neutral investigation and breached its duty of fairness, and also failed to apply the correct legal test when assessing the complaint.

19. February 2019 0
Administrative law – Decisions reviewed – Human Rights Commission – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Test – Standard of review – Correctness – Professions – Police Boychyn v. Canada (Royal Canadian Mounted Police), [2018] F.C.J. No. 1203, 2018 FC 1185, Ontario Federal Court, November 27, 2018, S.S. Ahmed ...

Municipal Council’s consultative process was held to be procedurally fair

15. January 2019 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Notice and consultation – Judicial review – Bias – Procedural requirements and fairness West Nipissing (Municipality) Police Services Board v. West Nipissing (Municipality), [2018] O.J. No. 5958, 2018 ONSC 6454, Ontario Superior Court of Justice, November 14, 2018, H.S. Arrell R.S.J., G.M. Mulligan, W.M. Matheson ...

Ontario Court quashes City of Hamilton’s decision to remove political party’s discriminatory, anti-transgender bus-stop ads due to failure to consider the party’s Charter right to free speech

18. December 2018 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness – Human rights complaints – Discrimination – Gender Christian Heritage Party of Canada v. Hamilton (City), [2018] O.J. No. 5105, 2018 ONSC 3690, Ontario Superior Court of Justice, October 4, ...

Applicant did not realize she was “catastrophically impaired” and thus entitled to continuing housekeeping and attendant care benefits under the Statutory Accident Benefits Schedule until after the applicable limitation period had expired. On review, doctrine of discoverability deemed not applicable to the “hard” limitation period.

18. December 2018 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Limitations – Discoverability rule – Standard of review – Reasonableness Tomec v. Economical Mutual Insurance Co., [2018] O.J. No. 5076, 2018 ONSC 5664, Ontario Superior Court of Justice, October 2, 2018, G.B. Morawetz R.S.J., A.C.R. Whitten and D.K. Gray JJ. The applicant ...

Regulatory body can modify legal rights when doing so is in the public interest

16. November 2018 0
Administrative law – Decisions reviewed – Racing Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness – Government – Gaming and betting Ontario Harness Horse Assn. v. Ontario (Alcohol and Gaming Commission), [2018] O.J. No. 4862, 2018 ONSC 5160, Ontario Superior Court of Justice, September 24, 2018, K.E. Swinton, A.C.R. Whitten and ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...