Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period

21. June 2022 0
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, ...

I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision

22. February 2022 0
Administrative law – Decisions reviewed – Law Societies – Bias – Judicial review application – Premature – Procedural requirements and fairness – Evidence – Jurisdiction – Legislative compliance – Hearings – Notice – Hearing de novo – Barristers and solicitors – Professional misconduct – Disciplinary proceedings Hemminger v. Law Society of British Columbia, [2022] B.C.J. ...

Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias

25. January 2022 0
Administrative law – Decisions reviewed – Election commissioner – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Bias Rebel News Network Ltd. v. Alberta (Election Commissioner), [2021] A.J. No. 1541, 2021 ABCA 376, Alberta Court of Appeal, November 19, 2021, F.L. Schutz, M.G. Crighton and J. Strekaf JJ.A. This ...

Government employee attacks internal hiring decision without success

17. August 2021 0
Administrative law – Decisions reviewed – Labour and employment boards – Bias – Judicial review applications – Appeals – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Employment law – Appointment Gulia v. Canada (Attorney General), [2021] F.C.J. No. 522, 2021 FCA 106, Federal Court of Appeal, June ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

Costs: clear cases only – an award of costs is in the discretion of the judge or the administrative tribunal that makes the award, and appellate courts will only interfere if there has been an error of principle, or the award of costs is plainly wrong

20. October 2020 0
Administrative law – Decisions reviewed – Farm Practices Board – Bias – Costs – Judicial review – Legislative compliance – Standard of review – Correctness Dell v. Zeifman Partners Inc., [2020] O.J. No. 2783, 2020 ONSC 3881, Ontario Superior Court of Justice, June 23, 2020, K.E. Swinton, N.L. Backhouse and F. Kristjanson JJ. Appeal from ...

An example of how not to suspend a physician from practice for incapacity

21. January 2020 0
The Appellant physician, Dr. Collett, successfully appealed a decision of the College of Physicians and Surgeons of Alberta’s Appeal Council. The Appeal Council had dismissed Dr. Collett’s appeal of the Complaint Director’s decision to suspend him from practice on July 31, 2018. Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension ...

Municipal Council’s consultative process was held to be procedurally fair

15. January 2019 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Notice and consultation – Judicial review – Bias – Procedural requirements and fairness West Nipissing (Municipality) Police Services Board v. West Nipissing (Municipality), [2018] O.J. No. 5958, 2018 ONSC 6454, Ontario Superior Court of Justice, November 14, 2018, H.S. Arrell R.S.J., G.M. Mulligan, W.M. Matheson ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...