The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal

27. September 2023 0
Administrative law – Decisions reviewed – Council for Pharmacists – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Correctness – Hearings – Pharmacists – Professional misconduct Thorkelson v. College of Pharmacists of Manitoba, [2023] M.J. No. 222, 2023 MBCA 69, Manitoba Court of Appeal, August 9, 2023, ...

Court addresses application of principles governing judicial discipline

25. July 2023 0
Court addresses application of principles governing judicial discipline. Administrative law – Decisions reviewed – Justices of the Peace Review Council – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Judges – Professional misconduct or conduct unbecoming – Removal from office Ontario (Justice of the Peace) ...

BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court

25. July 2023 0
BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court, prohibiting pre-trial discovery evidence from being used by a professional regulator to investigate a professional regulatory complaint. Administrative law – Decisions reviewed – Investigations – Judicial review – Appeals – Confidentiality – Discretion – Engineers – Professional misconduct Association of ...

The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Human rights – Discrimination – Family status – Marital status – Gender – Labour relations Gibraltar Mines Ltd. v. Harvey, [2023] B.C.J. No. 720, 2023 BCCA 168, British Columbia Court of ...

Municipalities permitted to restrict occupation by owners of rental units

Administrative law – Municipalities – By-laws – Condominiums – Strata corporations – Judicial review – Legislative compliance – Jurisdictional questions – Ultra vires legislation – Standard of review – Reasonableness – Appeals V.I.T. Estates Ltd. v. New Westminster (City), [2023] B.C.J. No. 799, 2023 BCCA 183, British Columbia Court of Appeal, May 1, 2023, H. ...

Denied again – BC Court of Appeal dismisses second appeal from CRT decision

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Appeals Downing v. Strata Plan VR2356, [2023] B.C.J. No. 357, 2023 BCCA 100, British Columbia Court of Appeal, March 1, 2023, P.M. Willcock, J. DeWitt-Van ...

Exceptional circumstances required for court to intervene in administration proceeding before it is completed

18. April 2023 0
Administrative law – Judicial review – Judicial intervention – Appeals – Barristers and solicitors – Professional misconduct Hemminger v. Law Society of British Columbia, [2023] B.C.J. No. 120, 2023 BCCA 36, British Columbia Court of Appeal, January 25, 2023, M.V. Newbury, J.J.L. Hunter, P.G. Voith JJ.A. The Law Society commenced discipline proceedings against Ms. Hemminger, ...

Judicial Review of Business Licensing Decision

17. January 2023 0
Administrative law – Decisions reviewed – Municipal boards – Appeals – Renewal of business licence – By-laws – Judicial review – Procedural requirements and fairness – Failure to provide reasons Paradise Night Club v. Leamington (Municipality), [2022] O.J. No. 4787, 2022 ONSC 6118, Ontario Superior Court of Justice, November 1, 2022, Backhouse J. The applicant ...

Court of Appeal finds gathering & events public health orders justified under Charter

17. January 2023 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness – Correctness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons Beaudoin v. British Columbia, [2022] B.C.J. No. ...

Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked

15. November 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Standard of review – Patent unreasonableness – Employment – Termination of employment – Off-duty conduct – Human rights – Discrimination – Sexual orientation Conklin v. University of British Columbia, [2022] B.C.J. No. 1827, 2022 BCCA 333, British Columbia Court of ...