Civil Resolution Tribunal’s decision to limit the involvement of lawyers was considered unreasonable by the BC Court of Appeal

15. September 2020 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Reasonableness – Condominiums – Strata corporations – Jurisdiction of court Strata Plan NW 2575 v. Booth, [2020] B.C.J. No. 865, 2020 BCCA 153, British Columbia Court of Appeal, May 28, 2020, M.V. Newbury, ...

The issuance of a building permit was unreasonable because the drawings were not made in compliance with the Architects Act

15. September 2020 0
Administrative law – Decisions reviewed – Municipal Board – Rules and by-laws – Building permits – Judicial review – Legislative compliance – Public interest – Standard of review – Reasonableness – Engineers and architects Architectural Institute of British Columbia v. Langford (City), [2020] B.C.J. No. 886, 2020 BCSC 801, British Columbia Supreme Court, May 29, ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

City’s unreasonable decision to void a building permit on the basis that no construction activities had occurred

18. August 2020 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Building permits – Agricultural Land Reserve – Judicial review – Legislative compliance – Evidence, admissibility – Standard of review – Reasonableness Minster Enterprises Ltd. v. Richmond (City), [2020] B.C.J. No. 495, 2020 BCSC 455, British Columbia Supreme Court, March 30, 2020, Crerar J. The ...

Tribunal members’ questions and comments during discipline hearing demonstrate reasonable apprehension of bias

21. July 2020 0
Administrative law – Decisions reviewed – Institute of Chartered Accountants; Judicial review – Reasonable apprehension of bias – Natural justice – Procedural requirements and fairness – Appeals; Accountants – Professional misconduct or conduct unbecoming Yee v. Chartered Professional Accountants of Alberta, [2020] A.J. No. 291, 2020 ABCA 98, Alberta Court of Appeal, March 6, 2020, ...

Professional’s pattern of disruptive conduct can constitute unprofessional conduct

21. July 2020 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension – Judicial review – Appeals – Standard of review – Correctness – Physicians and surgeons – Professional misconduct or conduct unbecoming Al-Ghamdi v. College of Physicians and Surgeons of Alberta, [2020] A.J. No. 207, 2020 ABCA 71, Alberta Court of Appeal, February ...

The decision of an examining board failed to clearly consider the applicant’s health concerns following a failed assessment

Administrative law – Decisions reviewed – Dental Board Association and College – Failure to provide reasons – Judicial review – Standard of review – Reasonableness – Dentist – Training requirements Mattar v. National Dental Examining Board of Canada, [2020] O.J. No. 779, 2020 ONSC 403, Ontario Superior Court of Justice, February 24, 2020, C.D. Aitken, ...

Application to appeal granted after an applicant raises significant questions of law potentially engaging Vavilov

Administrative law – Decisions reviewed – Police Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2020] A.J. No. 271, 2020 ABCA 80, Alberta Court of Appeal, February 27, 2020, M.G. Crighton J.A. The applicant was a ...

Evidence and determining whether a decision is reasonable

Administrative law – Decisions reviewed – Police Commission – Failure to provide reasons – Judicial review – Application – Standard of review – Reasonableness – Professions – Police Correa v. Ontario (Civilian Police Commission), [2020] O.J. No. 438, 2020 ONSC 133, Ontario Superior Court of Justice, February 3, 2020, K.E. Swinton, R.A. Lococo and F.L. ...