No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome

22. February 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Investigations – Procedural requirements and fairness – Standard of review – Reasonableness – Abuse of process – Physicians and surgeons – Competence – Records – Training requirements Al-Kazely v. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 32, ...

Decision to launch public hearing into transit officer’s assault of a black student in 2011 was restored

20. October 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Appeals – Procedural requirements and fairness – Delay – Public hearings – Natural justice – Standard of review – Reasonableness – Abuse of process – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record Diaz-Rodriguez v. British Columbia (Police ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...

Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

Dentist seeks judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him due to the fact that he was suffering from bipolar disorder at the time

19. November 2015 0
Dentist sought judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure ...

A doctoral student (“Tapics”) had enrolled in Dalhousie’s University department of oceanography to complete a PhD thesis involving sea turtles. However, a year and a half later, her field supervisor left the University and took data essential to her sea turtle research. Tapics changed her topic to right whales, but her faculty supervisor subsequently withdrew and no replacement supervisor was found by the faculty of graduate studies. Tapics sued Dalhousie and, on appeal, succeeded in establishing that her claim regarding the sea turtle “debacle” was not barred as an abuse of process.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Fairness – Students – Judicial review – Abuse of process – Jurisdiction of court Tapics v. Dalhousie University, [2015] N.S.J. No. 30, 2015 NSCA 72, Nova Scotia Court of Appeal, July 22, 2015, J.E. Fichaud, P. Bryson and J.E. Scanlan JJ.A. In ...

A lawyer (“Peet”) was found guilty of conduct unbecoming by a Hearing Committee of the Law Society of Saskatchewan (“Law Society”) for failing to service two clients in a diligent manner and for failing to reply promptly to Law Society communications. A suspension of 30 days and costs of $16,216.80 were issued as a penalty against Peet. Peet had previously been found guilty of disciplinary offences before the Law Society in 1999, 2002, 2004 and 2008.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Charter of Rights and Freedoms – Barristers and solicitors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Abuse of process – Public interest – Delay – Standard of review – Reasonableness simpliciterr of Rights and ...