Residential Tenancy Branch correct in exercising jurisdiction where proceedings concerned an allegation of repeated late rent payments

15. August 2017 0
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...

Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records

15. August 2017 0
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...

Elementary school will open following Supreme Court of Newfoundland and Labrador ruling that the previously appointed Board of Trustees did not have the authority to close school

15. August 2017 0
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...

BCSC confirms Consumer Protection BC’s position that collection company must stop attempting to contact debtors following request that communication be in writing only

15. August 2017 0
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...

Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...

Alberta Court of Queen’s Bench finds investigation into physician’s alleged misconduct was adequate and dismisses application for judicial review

18. July 2017 0
The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law  –  Decisions of administrative tribunals  –  College of Physicians and Surgeons  –  ...

Court finds the requirements of procedural fairness not met and remits matter back to the Minister for redetermination in LMIA revocaton issue

18. July 2017 0
The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”).  Before an employer can offer employment to, and seek a work permit ...

Ontario Divisional Court upholds international medical graduate’s dismissal from anesthesia residency program following his failure to satisfy remediation plan requirements

18. July 2017 0
International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan.  The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...