Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence

15. November 2022 0
Administrative law – Judicial review – Appeals – Delay – Standard of review – Reasonableness simpliciter – Fresh evidence – Admissibility Revive Spa Ltd. v. Melka Construction Ltd., [2022] B.C.J. No. 1831, 2022 BCCA 336, British Columbia Court of Appeal, September 23, 2022, E.A. Bennett, G. Dickson and K. Horsman JJ.A. The appellant’s small claims ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...

It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances

20. April 2021 0
Administrative law – Decisions reviewed – Community Council – Judicial review – Procedural requirements and fairness – Fresh evidence – Admissibility – Standard of review – Reasonableness – Municipalities – By-laws Scott v. Toronto (City), [2021] O.J. No. 591, 2021 ONSC 858, Ontario Superior Court of Justice, February 8, 2021, F. Kristjanson J. On June ...

You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts

19. January 2021 0
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...

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 ...

WCB decision granting extension of time in status determination is reasonable

17. October 2017 0
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...

Court held that the Superintendent was not legally bound to follow the chambers judge’s obiter comments about his power to reopen a case

24. November 2016 0
The Court considered whether it was reasonable for an administrative decision maker to disagree with obiter dicta from a Supreme Court judgment. Administrative law – Admissibility – Breathalyser test – Decisions of administrative tribunals – Fresh evidence – Judgments – Judicial Review – Jurisdiction – Medical condition – Motor Vehicles – Obiter dicta – Powers – ...

On judicial review, the Applicant argued that procedural fairness was not followed by the Nova Scotia Human Rights Commission. The Court found that the Applicant failed to establish any violation of procedural fairness and therefore dismissed the judicial review application.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Sexual orientation – Investigations – Judicial review – Evidence – Fresh evidence – admissibility J.D. v. Nova Scotia (Human Rights Commission), [2015] N.S.J. No. 323, 2015 NSSC 225, Nova Scotia Supreme Court, July 29, 2015, J.L. Chipman ...

Investment Industry Regulatory Organization of Canada (IIROC)

21. August 2015 0
Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada. Administrative law – Admissibility – Conduct of Hearings – Conduct unbecoming – Decisions of administrative tribunals – Evidence – Hearings – Investment Regulatory Organization of Canada – Judicial Review – Procedural requirements and fairness ...

Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Investment Regulatory Organization of Canada – Securities Commission – Stock brokers – Professional governance and discipline – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Evidence – admissibility Northern ...