Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice

Administrative law – Decisions reviewed – Association of Architects – Judicial review – Procedural requirements and fairness – Natural justice – Appeals – Architects – Reporting requirements Sbrissa v. Ontario Association of Architects, [2021] O.J. No. 1510, 2021 ONSC 2087, Ontario Superior Court of Justice, March 23, 2021, C.T. Hackland, M.A. Penny and L.G. Favreau ...

Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...

Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied

18. May 2021 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Standard of review – Reasonableness – Remedies – Mandamus – Barristers and solicitors – Professional misconduct – Fees Party A v. Law Society of British Columbia, [2021] B.C.J. No. 600, 2021 BCCA 130, British Columbia Court of Appeal, March 29, 2021, ...

Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression

20. April 2021 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons – Health authorities Beaudoin v. British Columbia, [2021] B.C.J. No. 551, ...

Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...

Off duty conduct must be carefully assessed before concluding it warrants disciplinary action

Administrative law – Decisions reviewed – Royal Canadian Mounted Police – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Laporte v. Canada (Attorney General), [2021] F.C.J. No. 120, 2021 FC 118, Federal Court, February 5, 2021, R.F. Southcott J. ...

A principal’s isolated misconduct did not justify a demotion

Administrative law – Decisions reviewed – School boards – Judicial review – Appeals – Procedural requirements and fairness – Legislative compliance – Failure to provide reasons – Standard of review – Correctness – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings Oberg v. Saskatchewan Board of Education of the South East Cornerstone School ...

Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”

16. March 2021 0
On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...