Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness

16. November 2021 0
Administrative law – Decisions reviewed – University Appeal Board – University Committees – Jurisdiction – Suspension – Plagiarism – Judicial review – Appeals – Procedural requirements and fairness – Universities – Student discipline Akpan v. University of Saskatchewan Council, [2021] S.J. No. 407, 2021 SKCA 129, Saskatchewan Court of Appeal, September 29, 2021, P.A. Whitmore, ...

Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory

19. October 2021 0
Administrative law – Decisions reviewed – Municipal Board – By-laws – Planning and zoning – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness E.Z. Automotive Ltd. v. Regina (City), [2021] S.J. No. 328, 2021 SKCA 109, Saskatchewan Court of Appeal, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. ...

A principal’s isolated misconduct did not justify a demotion

Administrative law – Decisions reviewed – School boards – Judicial review – Appeals – Procedural requirements and fairness – Legislative compliance – Failure to provide reasons – Standard of review – Correctness – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings Oberg v. Saskatchewan Board of Education of the South East Cornerstone School ...

Reasonable for panel to sanction medical student for leaving medical records in a dumpster

16. February 2021 0
A formal complaint of academic misconduct was made against Zhu, a third-year medical student in the College of Medicine (the “College”) at the University of Saskatchewan on behalf of the Saskatchewan Health Authority that there had been an unauthorized release of confidential information in connection with health records which were found abandoned in a dumpster ...

The right to free speech for regulated professionals in their personal time

15. December 2020 0
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...

It’s a moot point – when an appeal offers no practical remedy

17. November 2020 0
Administrative law – Decisions reviewed – Municipal boards – Judicial review – Appeals – Mootness – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Costs – Standard of review – Correctness – Municipalities – Power Prince Albert Right to Life Assn v. Prince Albert (City), [2020] S.J. No. 299, 2020 SKCA ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

Extradition in the face of medical hardship – finding the balance

17. March 2020 0
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...

Court of Appeal upholds Law Society’s significant fine and suspension against lawyer with repeat infractions

20. August 2019 0
The Court of Appeal upheld the Law Society Hearing Committee’s imposition of a six month suspension and $40,000 fine on the basis that the penalty was not unreasonable in light of the appellant’s history of 16 findings of misconduct in the preceding 20 years. Administrative law – Decisions reviewed – Law societies – Judicial review – ...

Decision to uphold medical school participant’s dismissal from the program due to theft was found to be unreasonable because the appeal tribunal failed to consider the law regarding the school’s duty to accommodate the participant’s mental health disorder

19. March 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Judicial review – Appeals – Standard of review – Reasonableness – Universities – Duty to accommodate – Professors – Professional governance and discipline – Professional misconduct / conduct unbecoming Haghir v. University of Saskatchewan, [2019] S.J. No. 34, 2019 SKCA 13, Saskatchewan Court of Appeal, January 30, ...