The Appellant funeral director unsuccessfully appealed a decision of the Respondent Board’s License Appeal Tribunal (LAT). The LAT had decided to revoke the Appellant’s funeral director license.

27. March 2012 0
Administrative Law – Decisions of administrative tribunals – Funeral Services – License Appeal Tribunal – Funeral directors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review –  Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Johal v. Ontario (Board of Funeral Services), [2011] O.J. No. 6226, 2011 ONSC 7525, ...

The duty of fairness dictates that a decision maker cannot be involved in every level of an applicant’s proceedings. Such involvement creates a reasonable apprehension of bias. This can apply even if the ultimate issue becomes moot.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Evaluation of professors – Judicial review – Bias – Mootness – Procedural requirements and fairness – Natural justice Said v. University of Ottawa, [2011] O.J. No. 6043, 2011 ONSC 6179, Ontario Superior Court of Justice, Divisional Court, December 30, 2011, J.D. Cunningham ...

The applicant, Truckair, successfully applied for judicial review of a Provincial Court judge’s decision not to recuse himself in a hearing about his jurisdiction to decide a Charter issue

27. December 2011 0
Administrative law – Judges – Recusal – Judicial review – Bias Truckair v Canada, [2011] N.S.J. No. 577, 2011 NSSC 398, Nova Scotia Supreme Court, October 28, 2011, C.A. Bourgeois J. The applicant (Truckair) was charged with six counts of fishery offences and a search warrant was obtained by investigators. Soon after, an ex parte application was made to ...

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

Howard Johnson Inn (“Howard Johnson”) and their employee John Pontes (“Pontes”) were unsuccessful in appealing a Saskatchewan Human Rights Tribunal (the “Tribunal”) finding that they had discriminated against a First Nations man (“Tataquason”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Race – Charter of Rights and Freedoms – Equality rights – Judicial review – Bias – Compliance with legislation Howard Johnson Inn v. Saskatchewan Human Rights Tribunal, [2011] S.J. No. 599, 2011 SKCA 110, Saskatchewan Court of ...

A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding

22. November 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Jurisdiction – Investigations – Physicians and surgeons – Competence – Disciplinary proceedings – Judicial review application – Premature – Independent legal counsel – Bias Rudinskas v. College of Physicians and Surgeons of Ontario, [2011] O.J. No. 4714, Ontario Superior Court of ...

The Court dismissed an application for judicial review of a decision by Nova Scotia Police Review Board, upholding the respondent’s dismissal of the applicant. The Court held that the Board’s decision was intelligible, justified and transparent, and rightfully considered all the aggravating and mitigating factors in the applicant’s circumstances. The Board’s consideration of the applicant’s post-dismissal conduct was not unreasonable.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Ranni v. Halifax (Regional Municipality), [2011] N.S.J. ...

A disciplinary decision made by the Council of the British Columbia Veterinary Association, without a meeting, is overturned on the basis that the process followed did not accord with the Association’s Bylaws

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Rules and by-laws – Adherence to by-laws – Veterinarians – Disciplinary proceedings – Hearings – Conduct of hearings – Judicial review – Bias – Procedural requirements and fairness Bhullar v. British Columbia Veterinary Medical Association, [2011] B.C.J. No. 235, 2011 BCSC 182, British Columbia ...

An application for production of documents from a decision maker in the context of a judicial review application is denied

22. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

The Appellant (the Workers’ Compensation Board) successfully appealed a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The WCAT had allowed a claim for compensation made by the Respondent (Ms. Cormier) but its decision was found to disclose a reasonable apprehension of bias.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Bias – Evidence – Standard of review – Correctness Prince Edward Island (Workers’ Compensation Board) v. Cormier, [2011] P.E.I.J. No. 2, 2011 PECA 1, Prince Edward Island Court of Appeal, January 7, 2011, D.H. Jenkins ...