The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

16. July 2019 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...

Court determined that email chains that did not include the clients’ lawyers, but wherein the clients discussed the lawyers’ privileged opinions and work products, were protected by solicitor-client privilege

18. June 2019 0
Administrative law – Judicial review – Applications – Freedom of information and protection of privacy – Access to information – Solicitor-client privilege – Government Alberta (Minister of Municipal Affairs) v. Alberta (Information and Privacy Commissioner), [2019] A.J. No. 466, 2019 ABQB 274, Alberta Court of Queen’s Bench, April 17, 2019, S.N. Mandziuk J. As part of ...

The federal Bankruptcy and Insolvency Act governs applications for leave to sue where a receiver is appointed under both that legislation and the provincial Courts of Justice Act

18. June 2019 0
Administrative law – Judicial review – Appeals – Jurisdiction – Standard of review – Correctness Business Development Bank of Canada v. Astoria Organic Matters Ltd., [2019] O.J. No. 1742, 2019 ONCA 269, Ontario Court of Appeal, April 8, 2019, K.N. Feldman, D. Paciocco and B. Zarnett JJ.A. Astoria filed for bankruptcy under the Bankruptcy and ...

Relief from forfeiture under Law and Equity Act does not apply to statutory forfeiture under Residential Tenancy Act

18. June 2019 0
Administrative law – Landlord and tenant – Leases – Remedies – Relief from forfeiture – Judicial review – Appeals – Compliance with legislation Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, 2019 BCCA 105, British Columbia Court of Appeal, April 2, 2019, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A. In 2017, the landlord ...

This case considers when an application for judicial review will be moot and, if so, when the court will nonetheless exercise its residual discretion to hear the issue. The context was a complaint made with respect to the conduct of a parenting coordinator, mediator and arbitrator appointed under the Ontario Family Law Act to act as an arbitrator in a family law dispute.

21. May 2019 0
Administrative law – Judicial review – Mootness Cuhaci v. Ontario College of Social Workers, [2019] O.J. No 1383, 2019 ONSC 1801, Ontario Superior Court of Justice, March 20, 2019, A. Mullins, F.L. Myers and L.G. Favreau JJ. When is an issue raised on an application for judicial review moot? Even if moot, in what circumstances ...

The court considered the application of the so-called “Kienapple principle” – the principle that a person cannot be punished twice for the same offence. The context of the decision was a Hearing Officer’s disciplinary decision relating to the applicant police officer and the penalty for his misconduct.

21. May 2019 0
Administrative law – Decisions reviewed – Police Commission – Professional governance and discipline – Judicial review – Standard of review – Reasonableness – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming Durham (Regional) Police Service v. Sowa, [2019] O.J. No. 1555, 2019 ONSC 1902, Ontario Superior Court of Justice, March 28, 2019, H.E. Sachs, J.A. ...

The Registrar appealed a decision of the Ontario Licence Appeal Tribunal, which directed it not to suspend the liquor licence of an establishment. In making its decision, the court concluded that a liquor establishment, under section 45 of the applicable regulation, did not have an obligation to ensure that patrons arrive home safely or to ensure that they safely depart their premises.

21. May 2019 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Compliance with legislation – Judicial review – Appeals – Standard of review – Reasonableness Ontario (Registrar, Alcohol, Gaming and Racing) v. 1146587 Ontario Ltd. (c.o.b. The Royal Oak), [2019] O.J. No. 1336, 2019 ONSC 1469, Ontario Superior Court of Justice, March 18, 2019, K.E. Swinton, G.M. ...

If an appellant files an application for leave to appeal within the prescribed timelines and leave is not required, the merits of the claim must not affect the judge’s decision to convert the notice of application for leave to appeal to a notice of appeal

21. May 2019 0
Administrative law – Judicial review – Appeals – Discretion of delegated authority Gonzalez v. British Columbia (Attorney General), [2019] B.C.J. No. 339, 2019 BCCA 88, British Columbia Court of Appeal, March 8, 2019, Sanders, Bennett and Willcock JJ.A. The appellant Gonzalez filed an application for review of a Court of Appeal chambers order. In 2014, ...

The Court quashed an Information and Privacy Commissioner adjudicator’s decision that the College of Physicians and Surgeons was required to produce information related to a quality assurance program at the subject physician’s request

21. May 2019 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Physicians and surgeons British Columbia (College of Physicians and Surgeons) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. ...