Administrative law – Chiropractors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Suspensions – Costs – Judicial review – Administrative decisions – Evidence – Standard of review – Reasonableness simpliciter Ressel v. College of Chiropractors of Ontario, [2003] O.J. No. 3032, Ontario Superior Court of Justice, July 25, 2003, O’Driscoll, Then and Lang ...
Administrative law – Workers compensation – Benefits – Statutory provisions – Federal and provincial legislation – Government employees – Judicial review – Administrative decisions – Compliance with legislation – Evidence – Jurisdiction McLellan v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2003] N.S.J. No. 365, Nova Scotia Court of Appeal, October 14, 2003, Glube C.J.N.S., Freeman and ...
Administrative law – Workers compensation – Statutory provisions – Worker – Definition – Immunity from civil actions – Judicial review application – Administrative decisions Barker v. Sowa, [2003] A.J. No. 1276, Alberta Court of Queen’s Bench, October 16, 2003, Bielby J. The Applicant applied for judicial review of the decision of the Appeals Commission dated August 7, ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Fairness – Decisions of administrative tribunals – College of Physicians and Surgeons – Evidence – O’Connor motion – Hearing de novo – Judicial review – Procedural requirements – Natural justice – Hearings – Disclosure Lee v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3382, Ontario ...
Administrative law – Stock brokers – Disciplinary proceedings – Suspensions – Decisions of administrative tribunals – Securities Commission – Penalties – Judicial review – Costs Donnini v. Ontario Securities Commission, [2003] O.J. No. 3541, Ontario Superior Court of Justice – Divisional Court, September 15, 2003, Lane, Somers and Greer JJ. On June 11, 2002, two of the members ...
Administrative law – Prisons – Transfer of inmates – Deportation orders – Statutory provisions – Criminal Code – Public safety – Decisions of administrative tribunals – Review Board – Judicial review – Jurisdiction R. v. Miller, [2003] O.J. No. 3455, Ontario Court of Appeal, September 10, 2003, Charron, Feldman and Simmons JJ.A. Miller was found not guilty ...
Administrative law – Human rights complaints – Discrimination – Drug and alcohol testing – Occupational requirement – Employment law – Condition of employment – Judicial review – Standard of review – Reasonableness simpliciter North American Construction Group Inc. v. Alberta Human Rights and Citizenship Commission, [2003] A.J. No. 1198, Alberta Court of Queen’s Bench, September 5, 2003, ...
Administrative law – Freedom of information and protection of privacy – Disclosure – Privacy commissioner – Standing in judicial review – Statutory interpretation – Adjudication – Crown counsel – Definition – Crown litigation privilege – Solicitor-client privilege – Judicial review – Parties – Standard of review – Reasonableness – Correctness Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner), [2003] O.J. No. ...
Administrative law – Judicial review – Natural resources – Mining leases – Gold Commissioner – Jurisdiction – Powers under legislation – Procedural fairness – Natural justice Klippert v. British Columbia (Gold Commissioner), [2003] B.C.J. No. 2186, British Columbia Court of Appeal, September 23, 2003, Newbury, Huddard and Saunders JJ.A. Klippert had acquired various leases of land ...
Administrative law – Teachers – Disciplinary proceedings – Adjudication – Judicial review – Reasonable apprehension of bias – test – Procedural fairness – Natural justice Lurette v. New Brunswick (Minister of Education), [2003] N.B.J. No. 353, New Brunswick Court of Queen’s Bench, September 19, 2003, Young J. The court reviewed the principles of fundamental justice as including ...