Appellant’s appeal of a decision of the Federal Court, in which it dismissed the appellants’ application for judicial review of three decisions from the Canadian Intellectual Property Office relating to an application for a patent, dismissed

17. April 2018 0
Administrative law – Appeals – Decisions reviewed – Intellectual Property Office – Intellectual property – Patents – Judicial review – Discretion of delegated authority Governors of the University of Alberta v. Canada (Attorney General), [2018] F.C.J. No. 160, 2018 FCA 36, Federal Court of Appeal, February 9, 2018, W.W. Webb, D.G. Near and J.B. Laskin ...

Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

Application for judicial review of a decision of the Legal Services Society of British Columbia in which it denied the applicant’s claim for legal aid representation in her family law case; dismissed

17. April 2018 0
Administrative law – Decisions reviewed – Legal Aid Commission – Judicial review – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness – Legal aid M.H. v. Legal Services Society of British Columbia, [2018] B.C.J. No. 217, 2018 BCSC 195, British Columbia Supreme Court, February 9, 2018, H.J. Holmes J. M.H. sought judicial ...

Major League Baseball’s application for judicial review to set aside an interim decision of the Human Rights Tribunal of Ontario and to dismiss or stay the proceedings was dismissed on the grounds of prematurity

20. March 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Jurisdiction – Human rights complaints – Discrimination – Judicial review – Premature Major League Baseball v. Cardinal, [2018] O.J. No. 469, 2018 ONSC 714, Ontario Superior Court of Justice, January 30, 2018, Kiteley, Linhares de Sousa, Pattillo JJ. Douglas Cardinal, an Anishnaabe elder, commenced an ...

An appeal of a decision from the Property Assessment Appeal Board was dismissed as its findings regarding the “highest and best use” of the property were reasonable

20. March 2018 0
Administrative law – Decisions reviewed – Assessment Appeal Board – Municipalities – Property Assessment – Judicial review – Appeals – Standard of review – Reasonableness Telus Communications (BC) Inc. v. British Columbia (Assessor of Area #09 – Vancouver Sea to Sky Region), [2018] B.C.J. No. 119, 2018 BCSC 113, Supreme Court of British Columbia, January ...

The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

This decision relates to a judicial review of the decision of a delegate of the Superintendent of Motor Vehicles that confirmed a notice of an immediate roadside prohibition issued to the petitioner under section 215.41 of the Motor Vehicle Act

20. March 2018 0
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...

This decision was an appeal from the Consent and Capacity Board which found that the appellant was not capable to consent to treatment with certain psychiatric medications proposed by the respondent physician.

20. March 2018 0
Administrative law – Decisions reviewed – Consent and Capacity Board – Evidence – Judicial review – Appeals – Standard of review – Reasonableness Woods v. Chatterjee, [2018] O.J. No. 12, 2018 ONSC 73, Ontario Superior Court of Justice, January 3, 2018, P.J. Cavanagh J. The appellant was diagnosed with schizoaffective disorder and substance abuse disorder ...

This appeal was brought by a registrant of the Alberta College of Social Workers against a decision of the College’s Hearing Tribunal. The Hearing Tribunal found that the appellant engaged in unprofessional conduct when she was rude, dismissive and abrasive. The College brought four charges against the appellant finding that all four allegations had been proven.

20. March 2018 0
Administrative law – Decisions reviewed – College of Social Workers – Failure to provide reasons – Judicial review – Appeals – Social workers – Professional misconduct or conduct unbecoming MacLeod v. Alberta College of Social Workers, [2018] A.J. No. 24, 2018 ABCA 13, Alberta Court of Appeal, January 12, 2018, R.L. Berger, P.T. Costigan and ...