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 ...

It was patently unreasonable for the Tribunal to dismiss Mr. Ma’s appeal from the Director’s Determination without a hearing

17. January 2017 0
When a tribunal is granted a high degree of deference it may not be patently unreasonable for the tribunal to dismiss an appeal of its decision without a hearing. Administrative law – Appeals – Bias – Decisions of administrative tribunals – Employment law – Employment Standards Tribunal – Evidence – Hearings – Judicial Review – ...

Repair and maintenance of a motor vehicle falls within “use of motor vehicle” under Workplace Health, Safety and Compensation Commission Act

25. October 2016 0
Application by worker for judicial review of decision of Workplace Health, Safety and Compensation Commission regarding statutory exception for civil actions under the Workplace Health, Safety and Compensation Commission Act. Administrative law – Bias – Compliance with legislation – Decisions of administrative tribunals – immunity from civil actions exceptions – Judicial Review – Workers Compensation ...

A caution issued by Newfoundland and Labrador Pharmacy Board against a pharmacist was set aside by court

The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...

Application to the Alberta Court of Appeal for leave to appeal a decision of the Alberta Law Enforcement Review Board remitting a matter back to the same decision maker that initially dismissed the appellant’s complaint against a police officer

Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Judicial review – Appeals – Leave to appeal – Investigations – Compliance with legislation – Remedies – Procedural requirements and fairness – Bias Steele v. Edmonton (City) Police Service, [2016] A.J. No. 327, 2016 ABCA 95, ...

Application by a police officer for an order quashing or staying disciplinary proceedings against him on the basis they contravened his rights under ss. 7 and 11 of the Canadian Charter of Rights and Freedoms

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Police Services Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Investigations – Bias – Compliance with legislation – Charter of Rights and Freedoms – Judicial review Ontario (Provincial Police) v. Ontario (Provincial) Police Services Board, [2015] O.J. No. 6534, 2015 ONSC 7718, ...

An applicant for admission to the Law Society (“DeMaria”) was unsuccessful on judicial review of a decision by the Admissions and Education Committee of the Law Society refusing to grant his admission.

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – In-house counsel – Barristers and solicitors – Admission to profession – Competence – Public interest – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter – Remedies – Mandamus DeMaria v. Law Society of Saskatchewan, [2015] S.J. ...