The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

Federal Court Of Appeal upholds lower court’s decision that Transport Canada Delegate Authority did not breach duty of procedural fairness in cancelling transportation security clearance on basis of past criminal charges

17. September 2019 0
Self-represented individuals engaged in an administrative process must be given a fair and meaningful opportunity to respond, meaning they must be given all the necessary information to enable a reasonable person to participate in the process. That standard is not subjective. Whether one did not in fact properly use such an opportunity because one failed ...

Complaint Dismissed: What can the BC Human Rights Tribunal consider when dismissing a complaint on the basis that it “would not further the purpose of this Code”

20. August 2019 0
The court considered the scope of the authority of the BC Human Rights Tribunal to take into account the results of a separate workplace proceeding when deciding to dismiss a complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Application ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

Court of Appeal upholds Law Society’s significant fine and suspension against lawyer with repeat infractions

20. August 2019 0
The Court of Appeal upheld the Law Society Hearing Committee’s imposition of a six month suspension and $40,000 fine on the basis that the penalty was not unreasonable in light of the appellant’s history of 16 findings of misconduct in the preceding 20 years. Administrative law – Decisions reviewed – Law societies – Judicial review – ...

A decision to grant or refuse public interest standing is a discretionary decision and is afforded appellate deference. The Court of Appeal affirmed the chambers judge decision, finding that the chambers judge correctly identified and expressly addressed each of the applicable factors when exercising his discretion to decide not to grant public interest standing to the appellants.

16. July 2019 0
Administrative law – Judicial review – Standing – Parties – Appeals Zoocheck Canada Inc. v. Alberta (Minister of Agriculture and Forestry), [2019] A.J. No. 666, 2019 ABCA 208, Alberta Court of Appeal, May 24, 2019, B.K. O’Ferrall, T.W. Wakeling and J. Strekaf JJ.A. The applicants’ concern was with the care of an elephant named Lucy, ...

Court determined that limitation period for judicial review of administrative decisions in New Brunswick begins when the affected parties are notified of the decision or when there is “public availability” of the decision, not from the date of the decision itself.

16. July 2019 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Application – Appeals – Limitations Laliberté v. Kedgwick (Rural Community), [2019] N.B.J. No. 116, 2019 NBCA 38, New Brunswick Court of Appeal, May 16, 2019, J.C.M. Richard, M.E.L. Larlee and K.A. Quigg JJ.A. In New Brunswick, judicial review of administrative action is governed ...

The Landlord/Appellant, Aarti Investments Ltd., was unsuccessful in attempting to appeal a decision of a Chambers Judge. The Chambers Judge had set aside a decision of a residential tenancy branch arbitrator, which had granted an Order of Possession to the Landlord.

16. July 2019 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Appeals – Legislative compliance – Landlord and tenant – Residential tenancy agreements Aarti Investments Ltd. v. Bauman, [2019] B.C.J. No. 840, 2019 BCCA 165, British Columbia Court of Appeal, May 14, 2019, P.M Willcock, R. Goepel and G. Dickson JJ.A. The Appellant/Landlord, Aarti Investments ...

The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

16. July 2019 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...