Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...
Administrative law – Judicial review – Application – Appeals – Compliance with legislation – Limitations – Discoverability rule Tomec v. Economical Insurance Co., [2019] O.J. No. 5677, 2019 ONCA 882, Tomec v. Economical Insurance Co., Ontario Court of Appeal, November 8, 2019, C.W. Hourigan, M.L. Benotto and J.M. Fairburn JJ.A. The appellant was a pedestrian and ...
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Standard of review – Correctness – Solicitor-client privilege British Columbia (Minister of Justice) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. 1973, 2019 BCSC 1787, British Columbia Supreme ...
Administrative law – Decisions reviewed – Utility and Review Board – Statutory interpretation – Judicial review – Procedural requirements and fairness – Jurisdiction – Appeals – Standard of review – Reasonableness – Government – Municipal boards Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), [2019] N.S.J. No. 420, 2019 NSCA 77, Nova Scotia Court ...
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...
B.C. Supreme Court upholds decision of the Civil Resolution Tribunal that the Bylaws of a Strata Corporation can narrow the Strata’s ability to sue an owner pursuant to section 158(2) of the Strata Property Act. Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – By-laws – Judicial review – ...
The court concluded that the Canadian Human Rights Commission committed a breach in procedural fairness when it failed to properly consider and assess reply submissions made by the applicant in response to the investigator’s initial investigation and report. The Commission could not simply adopt the investigator’s findings, when the applicant had raised new issues in ...
Administrative law – Decisions reviewed – Law Societies – Judicial review – Investigations – Barristers and solicitors – Professional misconduct Cusack v. Law Society of Ontario, [2019] O.J. No. 4467, 2019 ONSC 5015, Ontario Superior Court of Justice, September 4, 2019, N.L. Backhouse, M.L. Edwards and L.G. Favreau JJ. The appellant was a sole practitioner ...
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Complaints lacking merit – Judicial review – Appeals – Standing – Physicians and surgeons – Professional misconduct Makis v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1229, 2019 ABCA 341, Alberta Court of Appeal, September 13, 2019, R. Khullar J.A. ...
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Judicial review – Appeals – Legislative compliance – Fresh evidence – Standard of review – Reasonableness – Freedom of information and protection of privacy – Disclosure Gowrishankar v. J.K., [2019] A.J. No. 1167, 2019 ABCA 316, Alberta Court of Appeal, August 30, 2019, B.K. ...
