Administrative law – Judicial review – Jurisdiction – Remedies – Mandamus – Criminal matters Zreik v. Ontario (Attorney General), [2017] O.J. No. 3865, 2017 ONSC 4516, Ontario Superior Court of Justice, July 25, 2017, T.A. Bielby J. The Applicant sought an order mandating the Director of the SIU to conduct a proper investigation and lay ...
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Human rights complaints – Disability – Procedural fairness – Standard of review – Reasonableness McIlvenna v. Bank of Nova Scotia, [2017] F.C.J. No. 728, 2017 FC 699, Federal Court, July 19, 2017, K.M. Boswell J. In 2012, the Commission dismissed the complaint ...
Administrative law – Decisions reviewed – Appeals – Judicial review – Standard of review – Correctness – Remedies – Mandamus Council of Independent Community Pharmacy Owners Inc. v. Newfoundland and Labrador, [2017] N.J. No. 283, 2017 NLCA 45, Newfoundland and Labrador Supreme Court – Court of Appeal, July 25, 2017, B.G. Welsh, C.W. White and ...
A master’s finding that the plaintiff impliedly waived solicitor-client privilege by making his state of mind a central issue in his subsequent litigation was upheld on appeal. Administrative Law – Decisions reviewed – College of Dental Surgeons – Discipline – Judicial review – Appeal – Standard of review – Correctness Stelmaschuk v. College of Dental ...
Transportation Authority’s decision to refuse anti-abortion advertisement on its buses was upheld as reasonable and proportionate on judicial review. Administrative Law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2017] B.C.J. No. ...
Application for judicial review of administrative driving prohibition, with review conducted on the basis of the notice of prohibition and officer’s notes and report, in the absence of a conventional record of proceedings. Administrative law – Decisions reviewed – Motor vehicles – Suspension of driver’s licence – Judicial review – Standard of review – Reasonableness – Permits and licences Chatchot v. Jordan, [2017] ...
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...
