Court dismisses an application concerning the condition of a residence on the basis that the application was out of time and the orders within the discretion of the respondent

18. February 2020 0
Administrative law – Decisions reviewed – Public Health Appeal Board – Judicial review – Limitations – Standard of review – Reasonableness – Charter of Rights and Freedoms – Human rights complaints – Jurisdiction Peter v. Public Health Appeal Board of Alberta, [2019] A.J. No. 1761, 2019 ABQB 989, Alberta Court of Queen’s Bench, December 20, ...

Court of Appeal allows an appeal on the basis that the underlying judgment effectively reviewed a decision of an assessment board by applying a correctness standard

18. February 2020 0
Administrative law – Decisions reviewed – Assessment Review Board – Expert evidence – Judicial review – Appeals – Standard of review – Correctness – Municipalities – Tax Wheatland County v. Federated Co-Operatives Limited, [2019] A.J. No. 1768, 2019 ABCA 513, Alberta Court of Appeal, December 23, 2019, F.F. Slatter, M.G. Crighton and R. Khullar JJ.A. The ...

A pharmacist is told “no” for the second time after trying to dispute a remedial decision by the College

21. January 2020 0
The Applicant pharmacist, Mr. Jaffer, was unsuccessful in attempting to seek judicial review of a decision of the Health Professions Appeal and Review Board (“HPARB”). The HPARB dismissed his appeal from a decision made by the Ontario College of Pharmacists relating to a remedial disposition in a complaint matter. Administrative law – Decisions reviewed – ...

An example of how not to suspend a physician from practice for incapacity

21. January 2020 0
The Appellant physician, Dr. Collett, successfully appealed a decision of the College of Physicians and Surgeons of Alberta’s Appeal Council. The Appeal Council had dismissed Dr. Collett’s appeal of the Complaint Director’s decision to suspend him from practice on July 31, 2018. Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension ...

The Representative for Children and Youth has a broad mandate and is entitled to information generally relevant to child welfare

21. January 2020 0
Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...

Limitation period for statutory accident benefits is subject to rule of discoverability

21. January 2020 0
Administrative law – Judicial review – Application – Appeals – Compliance with legislation – Limitations – Discoverability rule Tomec v. Economical Insurance Co., [2019] O.J. No. 5677, 2019 ONCA 882, Tomec v. Economical Insurance Co., Ontario Court of Appeal, November 8, 2019, C.W. Hourigan, M.L. Benotto and J.M. Fairburn JJ.A. The appellant was a pedestrian and ...

Exploring the scope of solicitor-client privilege

17. December 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Standard of review – Correctness – Solicitor-client privilege British Columbia (Minister of Justice) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. 1973, 2019 BCSC 1787, British Columbia Supreme ...

Reasonableness and processes related to the home statute

17. December 2019 0
Administrative law – Decisions reviewed – Utility and Review Board – Statutory interpretation – Judicial review – Procedural requirements and fairness – Jurisdiction – Appeals – Standard of review – Reasonableness – Government – Municipal boards Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), [2019] N.S.J. No. 420, 2019 NSCA 77, Nova Scotia Court ...

The applicable standard of review for human rights complaints and the denial of the opportunity to award costs as a reviewable error

17. December 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...

Strata Corporations are free to get in their own way when it comes to claiming reimbursement of insurance deductibles from owners

17. December 2019 0
B.C. Supreme Court upholds decision of the Civil Resolution Tribunal that the Bylaws of a Strata Corporation can narrow the Strata’s ability to sue an owner pursuant to section 158(2) of the Strata Property Act. Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – By-laws – Judicial review – ...