You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts

19. January 2021 0
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...

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, ...

A police officer on probation was not properly appointed under the governing legislation and therefore not protected when terminated during probation

15. December 2020 0
Administrative law – Legislation – Legislative intent – Statutory interpretation – Judicial review – Appeals – Standard of review – Professions – Police officers Caron v. Grand Falls (Town), [2020] N.B.J. No. 212, 2020 NBCA 60, New Brunswick Court of Appeal, September 17, 2020, J.C.M. Richard C.J.N.B. and K.A. Quigg and B.L. Baird JJ.A. The ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...

Ministry of Attorney General’s legal costs defending Cambie Surgeries Corporation v. British Columbia (Attorney General) action protected from disclosure by solicitor-client privilege

17. November 2020 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Production of records – Solicitor-client privilege – Public body – Judicial review – Appeals – Standard of review – Correctness British Columbia (Attorney General) v. Canadian Constitution Foundation, [2020] B.C.J. No. 1316, 2020 BCCA 238, British Columbia Court ...

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 ...

Decision to launch public hearing into transit officer’s assault of a black student in 2011 was restored

20. October 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Appeals – Procedural requirements and fairness – Delay – Public hearings – Natural justice – Standard of review – Reasonableness – Abuse of process – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record Diaz-Rodriguez v. British Columbia (Police ...

City ordered to produce redacted legal invoices from collective bargaining process on a freedom of information request

20. October 2020 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Disclosure – Exceptions – Judicial review – Legislative compliance – Standard of review – Reasonableness – Municipalities – Statutory interpretation Brockville (City) v. Ontario (Information and Privacy Commissioner), [2020] O.J. No. 3160, ...

Reasons are all around – a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

20. October 2020 0
Administrative law – Decisions reviewed – Municipal Appeals Committee – Variance orders – Legislative compliance – Judicial review – Standard of review – Reasonableness – Hearing Ewanek v. Winnipeg (City), [2020] M.J. No. 157, 2020 MBQB 98, Manitoba Court of Queen’s Bench, June 24, 2020, S. Bond J. Application by Ewanek for judicial review of ...