Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act

29. November 2023 0
When considering the nature and severity of non compliance, principles of proportionality, parity, rehabilitation, and deterrence, it was found that a $500,000 penalty was not patently unreasonable. Administrative law – Decisions reviewed – Trucking Commissioner – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Gulzar Transport Inc. v. British ...

When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance

20. October 2023 0
BC Court of Appeal overturns Supreme Court decision to judicially review a Property Assessment Review Panel (“PARP”) Decision because the de novo appeal process set out in the legislation would cure PARP’s breaches of procedural fairness complained about on judicial review. Administrative law – Decisions reviewed – Property Assessment Appeal Board – Hearing de novo ...

A professional’s Charter right to freedom of expression falls short against his professional obligations in protecting him from undergoing mandatory training to remediate his public statements

20. October 2023 0
Ontario Superior Court of Justice finds College Committee appropriately balanced Dr. Peterson’s Charter right to freedom of expression and his professional obligations as a regulated member of the College of Psychologists of Ontario in its decision to order Dr. Peterson to engage in remedial activity following him making public statements that may be degrading, demeaning ...

The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal

27. September 2023 0
Administrative law – Decisions reviewed – Council for Pharmacists – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Correctness – Hearings – Pharmacists – Professional misconduct Thorkelson v. College of Pharmacists of Manitoba, [2023] M.J. No. 222, 2023 MBCA 69, Manitoba Court of Appeal, August 9, 2023, ...

The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service

27. September 2023 0
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...

The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application

27. September 2023 0
Applying a contextual and purposive interpretation to the Law Society of Ontario By-Laws, the Court held that the Hearing Division of the Law Society of Ontario has jurisdiction to refuse an application for a licence after that licence has already been issued where the applicant made a false or misleading representation on or in connection ...

Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered

29. August 2023 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness Airbnb Ireland UC v. Vancouver (City), [2023] B.C.J. No. 1294, 2023 BCSC 1137, British Columbia Supreme Court, July ...

Procedural Fairness in Reconsideration Decisions

29. August 2023 0
The British Columbia Supreme Court held that the principle that an appellate body should only raise a new issue when failing to do so would risk an injustice applies in a flexible and contextually appropriate manner to appeals and reconsiderations from administrative decision makers Administrative law – Decisions reviewed – Employment Standards Tribunal – Remuneration ...

Court addresses application of principles governing judicial discipline

25. July 2023 0
Court addresses application of principles governing judicial discipline. Administrative law – Decisions reviewed – Justices of the Peace Review Council – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Judges – Professional misconduct or conduct unbecoming – Removal from office Ontario (Justice of the Peace) ...

BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court

25. July 2023 0
BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court, prohibiting pre-trial discovery evidence from being used by a professional regulator to investigate a professional regulatory complaint. Administrative law – Decisions reviewed – Investigations – Judicial review – Appeals – Confidentiality – Discretion – Engineers – Professional misconduct Association of ...