A privacy commissioner adjudicator ordered the Calgary Police Service to stop disclosing more information than was necessary when providing collision reports to members of the public who had been involved in traffic accidents. On judicial review, the Police Service was unsuccessful in having the adjudicator’s decision quashed.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Parties – Standing – Standard of review – Reasonableness simpliciter Calgary (City) Police Service v. Alberta (Information and Privacy Commissioner), [2014] A.J. No. 1470, 2014 ABQB ...

A bus driver who was required to retire at age 65 made a human rights complaint alleging discrimination. A Nova Scotia Board of Inquiry under the Human Rights Act found discrimination, but the School Board successfully appealed from this determination.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Age – Mandatory retirement – Labour law – Collective agreements – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Tri-County Regional School Board v. Nova Scotia (Human Rights Board of Inquiry), [2015] ...

A dentist registered in British Columbia who attempted judicial review of a decision of the Alberta Dental Association and College refusing his registration as a dentist in Alberta, was unsuccessful

24. March 2015 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Dentists – Governance – Licence to practice – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Lum v. Council of the Alberta Dental Association and College, Review Panel, [2015] A.J. No. 19 , 2015 ...

The applicant nurse was not successful in his application for judicial review relating to the respondent College’s demand that he attend an independent medical examination

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Independent Medical Examination – Charter of Rights and Freedoms – Application to disciplinary proceedings – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Iacovelli v. College ...

A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

Lawyer was suspended after not satisfying Law Society’s requirement to complete 12 CPD hours per year. Lawyer challenged the validity of the CPD rules on the basis that the Law Society did not have authority to enact the mandatory rules, and the rules violate the rules of natural justice because they give the Law Society the authority to enact a suspension without a hearing or right of appeal. The court was satisfied that the powers set out in the Legal Profession Act are broad enough to allow for the creation of a mandatory CPD program, and held that the rules, with the penalty of a suspension, are procedurally proportionate to the gravity of the non-compliance offence. The court found that a disciplinary hearing process, such as the kind that accompanies allegations of professional misconduct, is not necessary in CPD non-compliance matters, and that the lack of a hearing and right of appeal do not constitute breaches of the procedural fairness rules.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Powers under legislation – Self-governing professions – Rules and by-laws – Barristers and solicitors – Training requirements – Continuing Professional Development – Disciplinary proceedings – Penalties – Public interest – Judicial review – Procedural requirements and fairness – Natural justice Green v. Law Society ...

Lawyer found guilty of conduct unbecoming a lawyer after he lost touch with his pro bono client and was unable to reach him when the plaintiff brought a summary judgment motion against him four years after an attempted mediation. The lawyer appealed the Law Society’s decision, but his appeal was dismissed.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Hesje v. Law Society of Saskatchewan, [2015] S.J. No. 2, 2015 SKCA 2, Saskatchewan Court of Appeal, January 8, 2015, R.K. Ottenbreit, N.W. Caldwell and M.J. ...

Following an application made by a passenger who had an allergic reaction to a dog on an airplane, the Canadian Transportation Agency ordered Air Canada to develop and implement specific policies and procedures necessary to accommodate persons with dog allergies who are traveling on its airplanes. Air Canada appealed the Agency’s decision on the basis that it was denied procedural fairness. The court found that Air Canada was denied procedural fairness in that the Agency refused to consider its submissions on a number of crucial issues. The matter was returned to the Agency for reconsideration.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Human rights complaints – Disability – Duty to accommodate – Policies – Judicial review – Procedural requirements and fairness – Evidence Air Canada v. Greenglass, [2014] F.C.J. No. 1286, 2014 FCA 288, Federal Court of Appeal, December 9, 2014, Nadon, Gauthier and Scott ...

Appeal from decision of Licence Appeal Tribunal to revoke liquor licence of strip club operated by Hells Angels member

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Alcohol and Gaming Commission – Permits and licences – Revocation – Judicial review – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter – Failure to provide reasons 751809 Ontario Inc. (c.o.b. Famous Flesh Gordon’s) v. Ontario (Registrar, Alcohol and ...

Motion by Associate Chief Justice Douglas for stay of Canadian Judicial Council’s evidentiary decision pending judicial review

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Judicial Council – Judges – Professional governance and discipline – Investigations – Public interest – Judicial review – Stay of proceedings – interlocutory – Disclosure of records – Evidence – admissibility Douglas v. Canada (Attorney General), [2014] F.C.J. No. 1149, 2014 FC 1115, Federal Court, November ...