A professional regulatory body erred in its application of the law when assessing whether collateral police evidence was admissible

16. April 2019 0
Administrative law – Decisions reviewed – College of Veterinarians – Judicial review – Appeals – Evidence – admissibility – Standard of review – Correctness – Veterinarians – Disciplinary proceedings College of Veterinarians of Ontario v. Choong, [2019] O.J. No. 837, 2019 ONSC 946, Ontario Superior Court of Justice, February 20, 2019, G.B. Morawetz R.S.J., C.J. Horkins ...

A tribunal reasonably declined an adjournment and reasonably proceeded with one hearing on liability and penalty

16. April 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Adjournment of hearing – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness-  Universities – Student discipline Spence v. University of Toronto, [2019] O.J. No. 877, 2019 ONSC 1085, Ontario Superior Court of Justice, February 21, 2019, K.E. Swinton, ...

The Appellant, Mr. Lam, successfully appealed a summary judgment decision made by a motion judge. The motion judge had dismissed his action for damages against the Respondent, University of Western Ontario Board of Governors.

16. April 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Discretion of delegated authority – Judicial review – Appeals – Standard of review – Correctness – Universities – Damages Lam v. University of Western Ontario Board of Governors, [2019] O.J. No. 611, 2019 ONCA 82, Ontario Court of Appeal, February 6, 2019, G.R. Strathy C.J.O., P.D. Lauwers and ...

The individual applicants were unsuccessful in attempting to quash the decision of the Ontario Government (the Minister of Children, Community, and Social Services). The Minister had decided to cancel a pilot program offering basic income to individuals in Ontario. The Court held the Minister’s decision was a policy and funding decision and could not be quashed by the Court.

16. April 2019 0
Administrative law – Decisions reviewed – Minister of Children Community and Social Services – Government – Funding of programs Bowman v. Ontario (Minister of Children, Community and Social Services), [2019] O.J. No. 746, 2019 ONSC 1064, Ontario Superior Court of Justice, February 14, 2019, J.A. Thorburn, R.B. Reid and F.L. Myers JJ. The Respondent, Government ...

The Appellant, Envirocon Environmental Services ULC, successfully appealed a Chambers decision. The Chambers Judge had refused to interfere with the Tribunal’s application of the legal test for indirect or adverse effect discrimination. The Court of Appeal held the Tribunal’s decision was patently unreasonable.

16. April 2019 0
Administrative law – Decisions reviewed – Human rights tribunal – Discrimination – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Employment – Termination of employment Envirocon Environmental Services ULC v. Suen, [2019] B.C.J. No. 146, 2019 BCCA 46, British Columbia Court of Appeal, February 5, 2019, S.D. Frankel, S. Stromberg-Stein ...

Decision to uphold medical school participant’s dismissal from the program due to theft was found to be unreasonable because the appeal tribunal failed to consider the law regarding the school’s duty to accommodate the participant’s mental health disorder

19. March 2019 0
Administrative law – Decisions reviewed – University Appeal Board – Judicial review – Appeals – Standard of review – Reasonableness – Universities – Duty to accommodate – Professors – Professional governance and discipline – Professional misconduct / conduct unbecoming Haghir v. University of Saskatchewan, [2019] S.J. No. 34, 2019 SKCA 13, Saskatchewan Court of Appeal, January 30, ...

Federal Court agrees with veteran pension applicant that it was unreasonable for the pension appeal panel to consider his supporting physician’s opinion linking his injury to his armed forces services to be speculative and thus not credible. Panel’s decision was set aside and returned to a differently constituted panel for redetermination.

19. March 2019 0
Administrative law – Decisions reviewed – Veterans Review and Appeal Board – Pension Appeals Board – Disability – Eligibility – Judicial review – Appeals – Evidence – Standard of review – Reasonableness Crummey v. Canada (Attorney General), [2019] F.C.J. No. 54, 2019 FC 73, Federal Court (Halifax, Nova Scotia), January 18, 2019, R.F. Southcott J. The ...

An application for information from exempted records – not for the records – is not a valid application for access to information

19. March 2019 0
Administrative law – Decisions reviewed – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Judicial review – Appeals – Jurisdiction Raymond v. Nova Scotia (Information and Privacy Commissioner), [2019] N.S.J. No. 7, 2019 NSCA 1, Nova Scotia Court of Appeal, January 11, 2019, P. Bryson, E. Van den Eynden and A.S. ...

Procedural fairness is reviewed on a standard of correctness

19. March 2019 0
Administrative law – Decisions reviewed – Municipal Councillor – Judicial review – Appeals – Natural justice – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Murray Purcha & Son Ltd. v. Barriere (District), [2019] B.C.J. No. 2, 2019 BCCA 4, British Columbia Court of Appeal, January 3, 2019, S. Stromberg-Stein, J.E.D. Savage and J.J.L. Hunter ...

On judicial review, a B.C. Court held that the District’s decision not to grant business licenses for short-term rentals accords with the relevant business license and zoning bylaws.

19. February 2019 0
Administrative law – Decisions reviewed – Municipal councils – Municipalities – By-laws – Planning and zoning – Permits and licences – Judicial review — Compliance with legislation Mailloux v. Tofino (District), [2018] BCJ No 6987, 2018 BCSC 2298, British Columbia Supreme Court, December 24, 2018, LA Loo J The petitioners were townhouse owners in Tofino ...