The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...

The applicant made a request for personal information from the Communications Security Establishment. He claimed the response was unsatisfactory. He filed a formal complaint with the Officer of Privacy Commissioner of Canada, claiming that he had been improperly denied access to his personal information. The complaint was rejected by the Privacy Commissioner. The applicant was unsuccessful before the court on judicial review. The court recognized the sensitivity of the information being requested and concluded that, in respect of some of that information, the decision of the CSE to neither deny nor confirm its existence was reasonable.

19. February 2019 0
Administrative law – Decisions reviewed – Privacy Commissioner – National defence – Disclosure of records – Judicial review – Evidence – Standard of review – Reasonableness Martinez v. Communications Security Establishment, [2018] F.C.J. No. 1190, 2018 FC 1179, Ontario Federal Court, November 23, 2018, S.E. Roussel J. The Communications Security Establishment (the “CSE”) is administered ...

The appellant’s claim for Workers’ Compensation benefits was denied after she experienced a traumatic event at her job as a correctional officer. The appellant was eventually diagnosed with PTSD, but the Workers’ Compensation Tribunal upheld the Commission’s decision that this was not new evidence that would substantially affect its original decision denying benefits. The Court of Appeal found the Tribunal made several errors that materially affected the outcome. The Tribunal’s decision was set aside and an order was made to provide the appellant benefits retroactively to the date of the original claim.

19. February 2019 0
Administrative law – Decisions reviewed – Workers’ Compensation Tribunal – Benefits – Psychological injuries – Judicial review – Appeals – New evidence Perry v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2018] N.B.J. No. 291, 2018 NBCA 80, New Brunswick Court of Appeal, November 29, 2018, K.A. Quigg, B.V. Green and R.T. French JJ.A. ...

The petitioner hospital was unsuccessful on judicial review in setting aside the decision of the Human Rights Tribunal to not summarily dismiss a human rights complaint as having no reasonable prospect of success under section 27(1) of the Human Rights Code. The complaint was for alleged discrimination by the hospital on the grounds of mental and physical disability in relation to the provision of services. The court found that the complaint had some prospect of success and that the Tribunal’s decision was not patently unreasonable. The court rejected the argument that the Tribunal was not in a position to second-guess the exercise of professional medical judgment by the hospital staff in the provision of services, absent discrimination.

19. February 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Disability – Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Practice and procedure – Summary proceedings Hospital v. J.R. (Litigation guardian of), [2018] B.C.J. No. 3731, 2018 BCSC 2079, British Columbia Supreme Court, November 26, 2018, L.W. Bernard J. ...

The applicant, a prospective RCMP candidate, was successful on judicial review in setting aside a Human Rights Commission’s decision dismissing his complaint that the RCMP discriminated against him based on his medical condition. The court found the Commission failed to conduct a neutral investigation and breached its duty of fairness, and also failed to apply the correct legal test when assessing the complaint.

19. February 2019 0
Administrative law – Decisions reviewed – Human Rights Commission – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Test – Standard of review – Correctness – Professions – Police Boychyn v. Canada (Royal Canadian Mounted Police), [2018] F.C.J. No. 1203, 2018 FC 1185, Ontario Federal Court, November 27, 2018, S.S. Ahmed ...

Agricultural Land Commission’s interpretation of legislation was unreasonable

15. January 2019 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Municipalities – Planning and zoning – Judicial review – Compliance with legislation – Standard of review – Reasonableness Guse v. Provincial Agricultural Land Commission, [2018] B.C.J. No. 3624, 2018 BCSC 1983, British Columbia Supreme Court, November 9, 2018, R.J. Sewell J. The Agricultural Land Commission ...

Municipal Council’s consultative process was held to be procedurally fair

15. January 2019 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Notice and consultation – Judicial review – Bias – Procedural requirements and fairness West Nipissing (Municipality) Police Services Board v. West Nipissing (Municipality), [2018] O.J. No. 5958, 2018 ONSC 6454, Ontario Superior Court of Justice, November 14, 2018, H.S. Arrell R.S.J., G.M. Mulligan, W.M. Matheson ...

The Court of Appeal dismissed an appeal brought by the Chief Coroner of the Yukon. On an application for judicial review, a Chambers Judge had ordered an inquest into the death of Ms. Cynthia Blackjack in spite of the Chief Coroner’s decision not to do so. The Court of Appeal dismissed the appeal, upholding the court’s concurrent, equivalent and continuing jurisdiction pursuant to the Coroners Act.

18. December 2018 0
Administrative law – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Criminal matters – Coroner’s inquest Blackjack v. Yukon (Chief Coroner), [2018] Y.J. No. 91, 2018 YKCA 14, Yukon Territory Court of Appeal, October 24, 2018, E.A. Bennett, L.A.M. Charbonneau and G. Dickson JJ.A Ms. Cynthia Blackjack died on-board a medevac aircraft ...

No formal complaint made pursuant to the Police Act. The Court of Appeal allowed the appeals of the three constables.

18. December 2018 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Jurisdiction – Compliance with legislation – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Professions – Police – Disciplinary proceedings Deluca v. Alberta (Law Enforcement Review Board), [2018] A.J. No. 1220, 2018 ABCA 340, Alberta Court of Appeal, ...

Ontario Court quashes City of Hamilton’s decision to remove political party’s discriminatory, anti-transgender bus-stop ads due to failure to consider the party’s Charter right to free speech

18. December 2018 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness – Human rights complaints – Discrimination – Gender Christian Heritage Party of Canada v. Hamilton (City), [2018] O.J. No. 5105, 2018 ONSC 3690, Ontario Superior Court of Justice, October 4, ...