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 ...
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, ...
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 ...
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 ...
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 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 ...
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 – ...
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 ...
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 ...
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 ...