Administrator of Thalidomide Survivors Contribution Program did not breach procedural fairness by denying extension to applicant who did not meet eligibility criteria for financial assistance

18. July 2017 0
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program.  His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...

CGA successful on judicial review in setting aside liability and penalty decisions in a professional misconduct matter

21. June 2017 0
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Judicial review – Evidence – Credibility – Standard of review – Reasonableness – Professions – Accountants – Disciplinary proceedings – Procedural fairness Richmond v. Discipline Committee of the Certified General Accountants Assn. of Ontario, [2017] O.J. No. 2078, 2017 ONSC 1765, Ontario Superior ...

Judicial review inappropriate forum to make standalone challenges to set aside Crown Proceeding Act and Water Act

21. June 2017 0
Administrative law – Decisions of administrative tribunals – Environmental Appeal Board – Hearing de novo – Judicial review application – Availability – Striking out Lindelauf v. British Columbia (Attorney General), [2017] B.C.J. No. 733, 2017 BCSC 626, British Columbia Supreme Court, April 18, 2017, S.A. Donegan J. Section 9 of the Water Act, R.S.B.C. 1996 c. ...

Airline employee’s application for judicial review of Canadian Human Rights Commission’s decision dismissed

21. June 2017 0
Application for judicial review of the Canadian Human Rights Commission’s decision to dismiss a complaint against applicant’s employer dismissed. Court rejected arguments that Commission’s investigation was insufficiently thorough due to investigator not listening to recordings of witness interviews conducted by applicant, and that investigator had prejudged case and was biased against applicant. Administrative Law – Decisions ...

Alberta Court of Queen’s Bench held it did not have jurisdiction to extend the deadline for service in application for judicial review

An application for judicial review was struck because it was served outside the six-month limitation period. The court held it did not have jurisdiction to extend the deadline for service. Administrative Law – Appeals – Judicial Review – Jurisdiction – Limitations Baker v. Drouin, [2017] A.J. N o. 329, 2017 ABQB 204, Alberta Court of ...

Vancouver Police Department Constable ordered to comply with Police Complaints Commission request to attend interview

21. June 2017 0
This proceeding was a petition for judicial review to determine whether a constable of the Vancouver Police Department (“VPD”) must comply with the requests made by an investigating officer of the Office of the Police Complaints Commission (“PCC”) pursuant to s. 101 of the Police Act, R.S.B.C. 1996, c. 367 (the “Act”). The Court held ...

BC Supreme Court finds Minister’s decision to cancel licence for public safety concerns is reasonable

Application for judicial review of decision cancelling license of occupation under Land Act, R.S.B.C. 1996, c. 245‎. Administrative Law – Decisions reviewed – Judicial Review – Licences – Ministerial – Natural resources – Public interest – Reasonableness – Standard of Review Falkenstein v. British Columbia (Ministry of Forests Lands and Natural Resource Operations), [2017] B.C.J. ...

Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable

Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...

Ontario Civil Police Commission finds Hearing Officer failed to provide a minimum level of assistance to unrepresented party and orders a new hearing

15. May 2017 0
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...

Appeal Division’s dismissal of disabled employee’s application for leave to appeal was unreasonable

15. May 2017 0
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...