The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness

16. February 2021 0
Administrative law – Decisions reviewed – Residential Tenancy office – Jurisdiction – Dispute resolution schemes – Judicial review – Privative clauses – Procedural requirements and fairness – Standard of review – Correctness – Patent unreasonableness –  Landlord and tenant – Remedies – Injunctions McDonald v Creekside Campground and RV Park, [2020] B.C.J. No. 2182, 2002 ...

Reasonable for panel to sanction medical student for leaving medical records in a dumpster

16. February 2021 0
A formal complaint of academic misconduct was made against Zhu, a third-year medical student in the College of Medicine (the “College”) at the University of Saskatchewan on behalf of the Saskatchewan Health Authority that there had been an unauthorized release of confidential information in connection with health records which were found abandoned in a dumpster ...

Procedural fairness requires notice of potential timeliness issues

16. February 2021 0
The application for judicial review was granted on the basis that the applicant was denied procedural fairness. The court remitted the matter for reconsideration by another decision-maker. Administrative law – Decisions reviewed – Attorney General – Judicial review – Procedural fairness – Standard of review – Procedural requirements and fairness – Barristers and solicitors – ...

Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so

19. January 2021 0
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...

Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available

19. January 2021 0
Ontario Superior Court of Justice upholds horse racing appeal panel decision not to waive a violation of the rules of thoroughbred racing because the applicant had not administered a banned substance to his horse, the detection of which resulted in the rule violation. Administrative law – Decisions reviewed – Horse Racing – Judicial review application ...

You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts

19. January 2021 0
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...

The right to free speech for regulated professionals in their personal time

15. December 2020 0
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...

A police officer on probation was not properly appointed under the governing legislation and therefore not protected when terminated during probation

15. December 2020 0
Administrative law – Legislation – Legislative intent – Statutory interpretation – Judicial review – Appeals – Standard of review – Professions – Police officers Caron v. Grand Falls (Town), [2020] N.B.J. No. 212, 2020 NBCA 60, New Brunswick Court of Appeal, September 17, 2020, J.C.M. Richard C.J.N.B. and K.A. Quigg and B.L. Baird JJ.A. The ...

A Minister’s decision to enter into a contract on specific terms is not a “statutory power of decision” for the purposes of judicial review

17. November 2020 0
Administrative law – Decisions reviewed – Minister of Transportation – Jurisdiction to grant Charter remedies – Judicial review application – Appeals – Jurisdiction – Statutory powers – Remedies – Charter relief – Declaratory relief – Labour law – Collective agreements Independent Contractors and Business Association v. British Columbia (Transportation and Infrastructure), [2020] B.C.J. No. 1340, ...