Independent claims for Charter relief cannot be brought by petition

20. September 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Remedies – Charter relief Redeemed Christian Church of God v. New Westminster (City), [2022] B.C.J. No. 1136, 2022 BCCA 224, British Columbia Court of Appeal, June 24, 2022, L.A. Fenlon, J.C. Grauer and P.G. Voith JJ.A. In the Court below, the chambers judge ...

The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies

20. September 2022 0
Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...

Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer

16. August 2022 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Procedural requirements and fairness – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Delay – Remedies – Mandamus Law Society of Saskatchewan v. Abrametz, [2022] S.C.J. No. 29, 2022 SCC 29, Supreme Court of Canada, July ...

Realtor’s Appeal of Suspension Backfires

16. August 2022 0
Administrative law – Decisions reviewed – Financial Services Tribunal –  Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Penalties Behroyan v. Ontario (Financial Services Tribunal), [2022] B.C.J. No. 1285, 2022 BCSC 1190, British Columbia Supreme Court, July 14, 2022, N.P. Kent J. Mr. Behroyan, ...

Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Know your limits – review board cannot dictate process to College

Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...