The Ontario Superior Court of Justice reasserts that save for rare and exceptional cases, judicial reviews will be rejected as premature when brought in the middle of administrative proceedings

25. July 2023 0
Ontario Superior Court of Justice dismisses judicial review as premature, finding exceptional circumstances did not exist to warrant early intervention of the courts even though the issue of prematurity of the application was not raised by the parties at the hearing. Administrative law – Decisions reviewed – Arbitration Board – Judicial review application – Premature ...

The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office

Administrative law – Decisions reviewed – Justices of the Peace Review Council – Jurisdiction – Professions – Judges – Judicial misconduct – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Practice – Adjournment Ballam v. Justices of the Peace Review Council, [2023] O.J. No. 1785, 2023 ONSC 2502, Ontario ...

The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Human rights – Discrimination – Family status – Marital status – Gender – Labour relations Gibraltar Mines Ltd. v. Harvey, [2023] B.C.J. No. 720, 2023 BCCA 168, British Columbia Court of ...

Municipalities permitted to restrict occupation by owners of rental units

Administrative law – Municipalities – By-laws – Condominiums – Strata corporations – Judicial review – Legislative compliance – Jurisdictional questions – Ultra vires legislation – Standard of review – Reasonableness – Appeals V.I.T. Estates Ltd. v. New Westminster (City), [2023] B.C.J. No. 799, 2023 BCCA 183, British Columbia Court of Appeal, May 1, 2023, H. ...

Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation

16. May 2023 0
Administrative law – Decisions reviewed – Residential Tenancy office – Landlord and tenant – Residential tenancies agreements – Eviction – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Dyck v. Lyndon, [2023] B.C.J. No. 518, 2023 BCSC 440, British Columbia Supreme Court, March 23, 2023, D.A. Betton J. In ...

HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made

16. May 2023 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Duty to accommodate – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Patent unreasonableness McNeil v. British Columbia (Human Rights Tribunal), [2023] B.C.J. No. 561, 2023 BCSC 481, British Columbia Supreme Court, March 29, 2023, B.M. Young ...

Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable

Administrative law – Decisions reviewed – Health Professions Review Board – Inadequate investigations – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Chiropractors College of Chiropractors of British Columbia v. British Columbia (Health Professions Review Board), [2023] B.C.J. No. 611, 2023 BCSC 529, British Columbia Supreme ...

Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances

Administrative law – Decisions reviewed – Landlord and Tenant Board – Hearings – Hearing de novo – Judicial review – Procedural requirements and fairness – Remedies Faruk v. Ontario (Landlord and Tenant Board), [2023] O.J. No. 1617, 2023 ONSC 2191, Ontario Superior Court of Justice, April 13, 2023, M.G. Ellies R.S.J., N.L. Backhouse and T.R. ...

Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes

18. April 2023 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Legislative compliance – Procedural requirements and fairness – Standard of review – Patent unreasonableness Williams v. British Columbia (Civil Resolution Tribunal), [2023] B.C.J. No. 293, 2023 BCSC 239, British Columbia Supreme Court, February 17, 2023, J. Hughes ...

Mayor eventually defeats the council members’ effort to replace her as chair of meetings

Administrative law – Municipalities – By-laws – Judicial review – Ultra vires legislation – Standard of review – Correctness – Reasonableness simpliciter Sul v. St. Andrews (Rural Municipality), [2023] M.J. No. 66, 2023 MBCA 25, Manitoba Court of Appeal, March 10, 2023, D.M. Cameron, C.J. Mainella and J.L. Lemaistre JJ.A. The applicant, mayor, sought judicial ...