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. ...

Dental exams and the standard of review

Administrative law – Decisions reviewed – Dental Board Association and College – Failure to hold a hearing – Judicial review – Application – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Dentists Pour v. Canada (National Dental Examining Board), [2020] O.J. No. 556, 2020 ONSC 555, Ontario Superior Court of ...

An application for anonymity may be unsuccessful in light of behaviour inconsistent with a desire for anonymity: both the litigious conduct of a petitioner, and a delay in time in applying for anonymity and sealing of court files after commencing complaints may undermine a petitioner’s assertion of a concern for privacy

Administrative law – Decisions reviewed – Human Rights Tribunal – Duty to accommodate – Judicial review – Natural justice – Standard of review – Patent unreasonableness Stein v. British Columbia (Human Rights Tribunal), [2020] B.C.J. No. 65, 2020 BCSC 70, British Columbia Supreme Court, January 20, 2020, S.C. Fitzpatrick J. The petitioner had initiated and ...

Employers only have to try so hard: terminating employment after an employee fails to engage in the accommodation process and fails to respond to related correspondence is not retaliation

Administrative law – Decisions reviewed – Human Rights Commission – investigations – Disability – Discrimination – Employment law – Wrongful dismissal – Judicial review – Application – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Wojtasiewicz v. Alberta (Human Rights Commission), [2020] A.J. No. 81, 2020 ABCA 23, Alberta Court of ...

Extradition in the face of medical hardship – finding the balance

17. March 2020 0
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...

Hear me out! Judicial Review of the Vice President of Northern Lakes College decision to not convene a Student Appeals Committee after the applicant was removed from his practicum program

17. March 2020 0
The applicant was a student in the Primary Care Paramedic Program. He was removed from the program by Alberta Health Services, which ran a portion of the practicum program. The applicant was subsequently removed from the academic program for failure to complete his academic requirements. He sought a hearing in front of the Student Appeal ...