BC Court of Appeal overturns Supreme Court decision to judicially review a Property Assessment Review Panel (“PARP”) Decision because the de novo appeal process set out in the legislation would cure PARP’s breaches of procedural fairness complained about on judicial review. Administrative law – Decisions reviewed – Property Assessment Appeal Board – Hearing de novo ...
Administrative law – Decisions reviewed – Condominium Authority – Strata corporations – Jurisdiction of court – Judicial review – Applications – Premature – Jurisdiction – Alternative remedies Peel Standard Condominium Corp. No. 779 v. Rahman, [2021] O.J. No. 6105, 2021 ONSC 7113, Ontario Superior Court of Justice, October 28, 2021, F.B. Fitzpatrick, S.T. Bale and ...
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack. The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...
Administrative law – Decisions of administrative tribunals – Police Commission – Royal Canadian Mounted Police – Employment law – Appointment – Labour law – Disciplinary grievances – Judicial review – Procedural requirements and fairness – Privilege and immunity – Standard of review – Reasonableness simpliciter – Remedies – Alternative remedies Boogaard v. Canada (Attorney General), ...
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Investigations – Judicial review – Natural justice – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Judicial review application – Premature – Remedies – Alternative remedies Voudouris v. Certified General Accountants’ Assn. of Ontario, [2014] ...
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Notice – Judicial review application – Premature – Jurisdiction – Remedies – Alternative remedies Black v. Canada (Attorney General), [2013] F.C.J. No. 1001, 2013 FCA 201, Federal Court of Appeal, September ...
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Production of records – Judicial review – Jurisdiction of court – Remedies – Alternative remedies Kniss v. Canada (Privacy Commissioner), [2013] F.C.J. No. 56, 2013 FC 31, Federal Court, January 15, 2013, ...