CGA successful on judicial review in setting aside liability and penalty decisions in a professional misconduct matter

21. June 2017 0
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Judicial review – Evidence – Credibility – Standard of review – Reasonableness – Professions – Accountants – Disciplinary proceedings – Procedural fairness Richmond v. Discipline Committee of the Certified General Accountants Assn. of Ontario, [2017] O.J. No. 2078, 2017 ONSC 1765, Ontario Superior ...

Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable

Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...

Ontario Civil Police Commission finds Hearing Officer failed to provide a minimum level of assistance to unrepresented party and orders a new hearing

15. May 2017 0
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...

Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld

20. April 2017 0
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition. Administrative Law – Arbitration Board – Decisions reviewed – Judicial Review – Motor vehicle accidents – Reasonableness – Standard of Review Farmers’ Mutual Insurance Co. ...

Ontario Court confirms WSIAT finding that workers stationed at a remote location travelling to and from restaurant on a lunch break “were acting in the course of their employment”

17. January 2017 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Worker defined – In and out of the course of employment – Personal time – Judicial review – Standard of review – Reasonableness Blatz v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6154, 2016 ONSC 7259, Ontario ...

Workplace Safety and Insurance Appeal Tribunals’ interpretation of review and recalculation provision imposing a cap on supplement due is reasonable

17. January 2017 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Statutory provisions – Judicial review – Compliance with legislation – Standard of review – Reasonableness Martin v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6159, 2016 ONSC 7364, Ontario Superior Court of Justice – Divisional ...

Applying administrative law principles Ontario Court of Appeal confirmed insurance arbitrator’s decision was unreasonable

26. October 2016 0
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...

Court of Appeal reviews the Standard of proof applicable to a finding of misconduct under Ontario Police Services Act

The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...

Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...