A reporter requested access to information pursuant to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F31 (the “Act”) relating to the top 100 physician billers under the Ontario Health Insurance Program, a breakdown of the physician’s specialties and the amount billed

16. October 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Compliance with legislation – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness Ontario Medical Assn. v. Ontario (Information and Privacy Commissioner), [2018] O.J. No. 4107, 2018 ONCA 673, Ontario Court of Appeal, ...

International arbitration award from New York was recognized and enforced in Ontario, despite party’s argument that it was not yet “binding” within the meaning of the Model Law as they still intended to argue issues of costs before the arbitrator

18. September 2018 0
Administrative law – Commercial Arbitrations – Arbitration and Award – Enforcement of Foreign Award – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness Popack v. Lipszyc, [2018] O.J. No. 3716, 2018 ONCA 635, Ontario Court of Appeal, July 12, 2018, D.H. Doherty, D.M. Brown and I.V.B. Nordheimer JJ.A. Popack ...

Whether a child-client’s litigation records with the Children’s Lawyer for Ontario are subject to a parent’s freedom of information request

21. August 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Custody and control – Judicial review – Appeals – Standard of review – Reasonableness – Correctness – Freedom of information and protection of privacy – Disclosure of records – Public body – Solicitor-client privilege Children’s Lawyer for Ontario v. Ontario (Information and Privacy Commissioner), [2018] O.J. ...

This case involves judicial review of a decision of the Landlord and Tenancy Board, and subsequent decision of the chamber’s judge upholding that decision, in which the Board granted an application to evict the appellants on the basis that their conduct was impairing the safety of others at a mobile home complex. The primary argument advanced was that the appellants did not have proper notice of the grounds for eviction. The court rejected this argument and affirmed the decision of the Board.

21. August 2018 0
Administrative law – Decisions reviewed – Landlord and Tenancy Board – Fresh evidence – Judicial review – Appeals – Procedural requirements and fairness – Landlord and tenant – Eviction 2276761 Ontario Inc. v. Overall, [2018] O.J. No. 2730, 2018 ONSC 3264, Ontario Superior Court of Justice, May 24, 2018, R.J. Harper, F.L. Myers and W.D. ...

Where a hearing panel’s penalty decision falls within a reasonable range of outcomes, deference should be given to that committee’s decision in light of its expertise

17. July 2018 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Appeals – Standard of review – Reasonableness – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patients – Suspensions College of Physicians and Surgeons of Ontario v. Peirovy, [2018] OJ No 2341, ...

Paramedic found to be in the course of his employment when injured on his day off while assisting on-duty paramedics with a fellow music festival attendee who had collapsed

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...

The appellant high school teacher appealed a finding of professional misconduct made against him, and the resulting penalty, arising from interactions that he had with students and health unit staff at a school immunization clinic; court dismissed the appeal and affirmed the misconduct finding and penalty

17. April 2018 0
Administrative law – Decisions reviewed – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Judicial review – Standard of review – Reasonableness Sullivan v. Ontario College of Teachers, [2018] O.J. No. 705, 2018 ONSC 942, Ontario Superior Court of Justice, February 7, 2018, W.M. ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

Major League Baseball’s application for judicial review to set aside an interim decision of the Human Rights Tribunal of Ontario and to dismiss or stay the proceedings was dismissed on the grounds of prematurity

20. March 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Jurisdiction – Human rights complaints – Discrimination – Judicial review – Premature Major League Baseball v. Cardinal, [2018] O.J. No. 469, 2018 ONSC 714, Ontario Superior Court of Justice, January 30, 2018, Kiteley, Linhares de Sousa, Pattillo JJ. Douglas Cardinal, an Anishnaabe elder, commenced an ...