Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made

21. December 2021 0
Administrative law – Decisions reviewed – Business Risk Management Review Committee – Judicial review – Applications – Statutory interpretation – Legislation – Natural resources – Agriculture – Farm operations 2041219 Ontario Ltd. v. Business Risk Management Review Committee, [2021] O.J. No. 5968, 2021 ONSC 6696, Ontario Superior Court of Justice, October 21, 2021, L.G. Favreau, ...

There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy

21. December 2021 0
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 ...

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 ...

Court determined that email chains that did not include the clients’ lawyers, but wherein the clients discussed the lawyers’ privileged opinions and work products, were protected by solicitor-client privilege

18. June 2019 0
Administrative law – Judicial review – Applications – Freedom of information and protection of privacy – Access to information – Solicitor-client privilege – Government Alberta (Minister of Municipal Affairs) v. Alberta (Information and Privacy Commissioner), [2019] A.J. No. 466, 2019 ABQB 274, Alberta Court of Queen’s Bench, April 17, 2019, S.N. Mandziuk J. As part of ...

Application to add the Speaker of the Alberta Legislative Assembly to a judicial review application concerning a breach of ethics by one of the elected members of the Assembly is granted

17. January 2018 0
An application to add the Speaker of the Alberta Legislative Assembly to a judicial review application concerning a breach of ethics by one of the elected members of the Assembly is granted. Administrative law – Decisions reviewed – Ethics Commissioner – Jurisdiction – Judicial review – Applications – Freedom of information and protection of privacy ...

The applicant/appellant sought judicial review of a decision of the Council of the Saskatchewan Association of Social Workers affirming a decision to deny his application to be registered as a social worker in that province

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Association of Social Workers – Licence to practice – Character evidence – Judicial review – Applications – Evidence – Procedural fairness – Standard of review – Reasonableness simpliciter Nowoselsky v. Saskatchewan Association of Social Workers, [2015] S.J. No. 678, 2015 SKQB 390, Saskatchewan Court of Queen’s Bench, ...

Appeal from a judgment overturning decision of BC Human Rights Tribunal to allow a late filed complaint in the public interest

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Application – Premature – Delay – Public interest – Standard of review – Patent unreasonableness British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, [2014] B.C.J. No. 1122, 2014 BCCA 220, British ...

Judicial review application to set aside decisions of university nursing program and university appeal board denying request to retake practicum program

24. December 2013 0
Administrative law – Decisions of administrative tribunals – University Appeal Board – Nurses – Professional governance and discipline – Training requirements – Attempt – definition – Universities – Students – Evaluation – Judicial review – Applications Chen v. University of Saskatchewan, [2013] S.J. No. 655, 2013 SKQB 367, Saskatchewan Court of Queen’s Bench, October 8, ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

The applicant, The Society for the Prevention of Cruelty (the “Society”), sought an Order against the respondents, the former branch of the Society, requiring the respondents to vacate and turn over possession of all property with respect to an animal shelter located at 401 East Broadway, Sydney, Nova Scotia. The issue before the Court was whether it should grant the applicant’s motion for an interim injunction, pending a final hearing on the merits of the application, based on the tripartite test for interim injunctions.

Administrative law – Decisions of administrative tribunals – SPCA – Associations and clubs – Governance – Animals – Seizure and disposition of animals – Remedies – Interlocutory injunctions – Judicial review – Applications Society for the Prevention of Cruelty v Cape Breton Human Society, [2012] N.S.J. No. 164, 2012 NSSC 128, Nova Scotia Supreme Court, ...