Judicial Review of Business Licensing Decision

17. January 2023 0
Administrative law – Decisions reviewed – Municipal boards – Appeals – Renewal of business licence – By-laws – Judicial review – Procedural requirements and fairness – Failure to provide reasons Paradise Night Club v. Leamington (Municipality), [2022] O.J. No. 4787, 2022 ONSC 6118, Ontario Superior Court of Justice, November 1, 2022, Backhouse J. The applicant ...

Court of Appeal finds gathering & events public health orders justified under Charter

17. January 2023 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness – Correctness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons Beaudoin v. British Columbia, [2022] B.C.J. No. ...

University Held to Task on Procedural Fairness

17. January 2023 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Nurses – Penalties Ford v. University of Ottawa, [2022] O.J. No. 5381, 2022 ONSC 6828, Ontario Superior Court of Justice, December 7, 2022, K.E. Swinton, J.A. Ramsay and J. Leiper JJ. Mr. Ford, a University of Ottawa ...

Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted

20. December 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Publication ban – Judicial review – Standing – Investigations – Physicians and surgeons – Suspensions Kilian V. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 4890, 2022 ONSC 5931, Ontario Superior Court of Justice, November 7, 2022, K.E. Swinton, T.R. Lederer ...

Court of Appeal upheld Mental Health Review Board’s decision that the petitioner continued to meet the criteria for involuntary detention under the Mental Health Act

20. December 2022 0
Administrative law – Decisions reviewed – Mental Health Review Board – Judicial review – Legislative compliance – Standard of review – Correctness – Mental health – Consent to treatment A.T. v. British Columbia (Mental Health Review Board), [2022] B.C.J. No. 2090, 2022 BCSC 1905, British Columbia Supreme Court, November 1, 2022, M.B. Blok J. The ...

Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked

15. November 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Standard of review – Patent unreasonableness – Employment – Termination of employment – Off-duty conduct – Human rights – Discrimination – Sexual orientation Conklin v. University of British Columbia, [2022] B.C.J. No. 1827, 2022 BCCA 333, British Columbia Court of ...

Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence

15. November 2022 0
Administrative law – Judicial review – Appeals – Delay – Standard of review – Reasonableness simpliciter – Fresh evidence – Admissibility Revive Spa Ltd. v. Melka Construction Ltd., [2022] B.C.J. No. 1831, 2022 BCCA 336, British Columbia Court of Appeal, September 23, 2022, E.A. Bennett, G. Dickson and K. Horsman JJ.A. The appellant’s small claims ...

Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties

18. October 2022 0
Administrative law – Decisions reviewed – Assessment Review Board – Equity – Judicial review – Standard of review – Reasonableness – Condominiums University of Alberta v. Edmonton (City), [2022] A.J. No. 1089, 2022 ABCA 290, Alberta Court of Appeal, September 13, 2022, T.W. Wakeling, J. Antonio and L.B. Ho JJ.A. The petitioner is an owner ...

Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit

18. October 2022 0
Administrative law – Decisions reviewed – Environmental Appeal Board – Penalties – Compliance with legislation – Judicial review – Evidence – Standard of review – Reasonableness – Environmental matters – Assessment – Permits and licences – Inspections – Natural resources – Mining – Water Mount Polley Mining Corp. v. British Columbia (Environmental Appeal Board), [2022] ...

The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act

20. September 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness Mawani v. Dobbs, [2022] B.C.J. No. 1388, 2022 BCSC 1285, British Columbia Supreme Court, July 29, 2022, B.J. Norell J. The petitioners, Nawaz and Shelina Mawani, sought judicial review pursuant to the Judicial Review ...