That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

Government employee attacks internal hiring decision without success

17. August 2021 0
Administrative law – Decisions reviewed – Labour and employment boards – Bias – Judicial review applications – Appeals – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Employment law – Appointment Gulia v. Canada (Attorney General), [2021] F.C.J. No. 522, 2021 FCA 106, Federal Court of Appeal, June ...

Court upholds penalties for a City Councillor who sexually harassed a colleague

17. August 2021 0
Administrative law – Decisions reviewed – Municipal Council – Integrity Commissioner – Judicial review application – Disclosure – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness – Professional governance and discipline – Professional misconduct / conduct unbecoming – Code of conduct – Municipalities – Discipline of officials ...

Did the appellant “promptly and completely” reply to the Law Society of Ontario (respondent) during an investigation into the appellant’s law firm that focused on the firm’s structure and referral fee practices?

20. July 2021 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Appeals – Standard of review – Palpable and overriding error – Barristers and solicitors – Professional misconduct or conduct unbecoming Law Society of Ontario v. Diamond, [2021] O.J. No. 2115, 2021 ONCA 255, Ontario Court of Appeal, April 22, ...

Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice

20. July 2021 0
Administrative law – Decisions reviewed – Association of Architects – Judicial review – Procedural requirements and fairness – Natural justice – Appeals – Architects – Reporting requirements Sbrissa v. Ontario Association of Architects, [2021] O.J. No. 1510, 2021 ONSC 2087, Ontario Superior Court of Justice, March 23, 2021, C.T. Hackland, M.A. Penny and L.G. Favreau ...

It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis

20. July 2021 0
Administrative law – Decisions reviewed – Hospital Appeal Board – Judicial review – Standard of review – Patent unreasonableness – Physicians – Hospital privileges Provincial Health Services Authority v. Campbell, [2021] B.C.J. No. 943, 2021 BCSC 823, British Columbia Supreme Court, April 30, 2021, N.P. Kent J. The petitioner, the Provincial Health Services Authority, is ...

It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation

20. July 2021 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Barristers and solicitors – Professional misconduct or conduct unbecoming Lawyer v. Law Society of British Columbia, [2021] B.C.J. No. 1050, 2021 BCSC 914, British Columbia Supreme Court, May 13, 2021, A. Majawa J. In October 2019, the vice-chair of ...

Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...