The appellant, Brian Graff, wished to be a candidate in the race for the leadership of the respondent New Democratic Party. The New Democratic Party said no, twice. This case is about Mr. Graff’s efforts to have these decisions quashed. Administrative law – Decisions of administrative tribunals – Judicial review – Bias – Standard of ...
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...
Appeal by Brookfield from the dismissal of its appeal from an arbitrator’s decision, setting the fair market rent payable to the City of Toronto pursuant to a ground lease. Administrative law – Arbitration and award – Judicial review – Natural justice – Appeals – Evidence – Landlord and tenant 6524443 Canada Inc. v. Toronto (City), [2017] ...
The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – ...
The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”). Before an employer can offer employment to, and seek a work permit ...
International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan. The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program. His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Judicial review – Evidence – Credibility – Standard of review – Reasonableness – Professions – Accountants – Disciplinary proceedings – Procedural fairness Richmond v. Discipline Committee of the Certified General Accountants Assn. of Ontario, [2017] O.J. No. 2078, 2017 ONSC 1765, Ontario Superior ...
Administrative law – Decisions of administrative tribunals – Environmental Appeal Board – Hearing de novo – Judicial review application – Availability – Striking out Lindelauf v. British Columbia (Attorney General), [2017] B.C.J. No. 733, 2017 BCSC 626, British Columbia Supreme Court, April 18, 2017, S.A. Donegan J. Section 9 of the Water Act, R.S.B.C. 1996 c. ...
Federal Court dismissed pilot’s application for judicial review of Transport Canada’s decision to cancel and revoke his transportation security clearance due to safety concerns arising out of life-threatening emails he had sent several years prior. Administrative law – Decisions reviewed – Judicial Review – Pilots – Procedural requirements and fairness – Professional governance and discipline ...
