Major League Baseball’s application for judicial review to set aside an interim decision of the Human Rights Tribunal of Ontario and to dismiss or stay the proceedings was dismissed on the grounds of prematurity

20. March 2018 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Jurisdiction – Human rights complaints – Discrimination – Judicial review – Premature Major League Baseball v. Cardinal, [2018] O.J. No. 469, 2018 ONSC 714, Ontario Superior Court of Justice, January 30, 2018, Kiteley, Linhares de Sousa, Pattillo JJ. Douglas Cardinal, an Anishnaabe elder, commenced an ...

An appeal of a decision from the Property Assessment Appeal Board was dismissed as its findings regarding the “highest and best use” of the property were reasonable

20. March 2018 0
Administrative law – Decisions reviewed – Assessment Appeal Board – Municipalities – Property Assessment – Judicial review – Appeals – Standard of review – Reasonableness Telus Communications (BC) Inc. v. British Columbia (Assessor of Area #09 – Vancouver Sea to Sky Region), [2018] B.C.J. No. 119, 2018 BCSC 113, Supreme Court of British Columbia, January ...

The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

This decision relates to a judicial review of the decision of a delegate of the Superintendent of Motor Vehicles that confirmed a notice of an immediate roadside prohibition issued to the petitioner under section 215.41 of the Motor Vehicle Act

20. March 2018 0
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...

This decision was an appeal from the Consent and Capacity Board which found that the appellant was not capable to consent to treatment with certain psychiatric medications proposed by the respondent physician.

20. March 2018 0
Administrative law – Decisions reviewed – Consent and Capacity Board – Evidence – Judicial review – Appeals – Standard of review – Reasonableness Woods v. Chatterjee, [2018] O.J. No. 12, 2018 ONSC 73, Ontario Superior Court of Justice, January 3, 2018, P.J. Cavanagh J. The appellant was diagnosed with schizoaffective disorder and substance abuse disorder ...

This appeal was brought by a registrant of the Alberta College of Social Workers against a decision of the College’s Hearing Tribunal. The Hearing Tribunal found that the appellant engaged in unprofessional conduct when she was rude, dismissive and abrasive. The College brought four charges against the appellant finding that all four allegations had been proven.

20. March 2018 0
Administrative law – Decisions reviewed – College of Social Workers – Failure to provide reasons – Judicial review – Appeals – Social workers – Professional misconduct or conduct unbecoming MacLeod v. Alberta College of Social Workers, [2018] A.J. No. 24, 2018 ABCA 13, Alberta Court of Appeal, January 12, 2018, R.L. Berger, P.T. Costigan and ...

ABQB upholds Chief Commissioner’s decision on judicial review, concluding the Chief Commissioner drew a reasonable inference that preference for a female babysitter could be easily explained

20. February 2018 0
A man complained to the Human Rights Commission that he was discriminated against based on gender when a woman failed to consider him for a babysitting position she posted on Kijiji on the basis that he was male. She was looking for someone to babysit her child in her home and preferred a female. The ...

SKQB holds that its jurisdiction, with respect to the suspension of surgical privileges, did not arise until after the Tribunal rendered a decision in discipline process

20. February 2018 0
Dr. Patel had surgical privileges in the respondent, Regina Qu’Appelle Regional Health Authority (the “Health Authority”). Dr. Patel commenced an application for judicial review while he was still involved in a discipline process of the Health Authority. The Health Authority’s Senior Medical Officer successfully applied to quash the application for judicial review. Administrative law – ...

Unsuccessful application for judicial review of decision made by Social Security Tribunal denying Applicant’s claim for disability benefits

20. February 2018 0
The Applicant, Ms. Garshowitz, was unsuccessful in her application for judicial review of a decision made by the Respondent’s Social Security Tribunal. The Tribunal had denied the Applicant’s claim for disability benefits. Administrative law – Decisions reviewed – Pension Appeals Board – Hearing de novo – Judicial review – Appeals – Procedural requirements and fairness ...

Unsuccessful application for judicial review of arbitrator’s decision to substitute a two day suspension for the demotions of two firefighters employed by the City

20. February 2018 0
The Applicant, the Corporation of the City of St. Catharine’s, unsuccessfully applied for judicial review of an arbitration decision regarding two firefighters employed by the City. The firefighters had been represented by the Respondent, St. Catharine’s Professional Fire Fighters’ Association in asking an arbitrator to set aside their demotion. Administrative law – Decisions reviewed – ...