Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license

21. December 2021 0
Administrative law – Decisions reviewed – Minister of Health – Permits and licences – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Canada RNA Biochemical Inc. v. Canada (Minister of Health), [2021] F.C.J. No. 1826, 2021 FCA 213, Federal Court of Appeal, November 2, 2021, D.J. Rennie, J.B. ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made

21. December 2021 0
Administrative law – Decisions reviewed – Business Risk Management Review Committee – Judicial review – Applications – Statutory interpretation – Legislation – Natural resources – Agriculture – Farm operations 2041219 Ontario Ltd. v. Business Risk Management Review Committee, [2021] O.J. No. 5968, 2021 ONSC 6696, Ontario Superior Court of Justice, October 21, 2021, L.G. Favreau, ...

There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy

21. December 2021 0
Administrative law – Decisions reviewed – Condominium Authority – Strata corporations – Jurisdiction of court – Judicial review – Applications – Premature – Jurisdiction – Alternative remedies Peel Standard Condominium Corp. No. 779 v. Rahman, [2021] O.J. No. 6105, 2021 ONSC 7113, Ontario Superior Court of Justice, October 28, 2021, F.B. Fitzpatrick, S.T. Bale and ...

Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness

16. November 2021 0
Administrative law – Decisions reviewed – University Appeal Board – University Committees – Jurisdiction – Suspension – Plagiarism – Judicial review – Appeals – Procedural requirements and fairness – Universities – Student discipline Akpan v. University of Saskatchewan Council, [2021] S.J. No. 407, 2021 SKCA 129, Saskatchewan Court of Appeal, September 29, 2021, P.A. Whitmore, ...

Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...

The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review

19. October 2021 0
Administrative law – Decisions reviewed – Pension Appeals Board – Judicial review application – Jurisdiction – Issue estoppel – Workers compensation – Pension benefits Chartrand v. Healthcare of Ontario Pension Plan (HOOPP), [2021] O.J. No. 4550, 2021 ONSC 5840, Ontario Superior Court of Justice Divisional Court, September 2, 2021, K.E. Swinton J. The applicant, Joan ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch

19. October 2021 0
Administrative law – Decisions reviewed – Residential Tenancy office – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness Shahcheraghi v. Divangahi, [2021] B.C.J. No. 1760, 2021 BCSC 1576, British Columbia Supreme Court, August 13, 2021, K. Horsman J. The landlord/petitioner sought a ...