Administrative law – Decisions of administrative tribunals – Marketing Boards – Penalties – Judicial review – Evidence – Witnesses – Bias – Standard of review – Reasonableness simpliciter – Correctness Stetler v. Agriculture, Food and Rural Affairs Appeal Tribunal, [2005] O.J. No. 2817, Ontario Court of Appeal, July 8, 2005, S. Borins, K.N. Feldman and E.A. ...
Administrative law – Police – Disciplinary proceedings – Judicial review application – Premature – Judicial review – Procedural requirements and fairness – Bias – Mootness Sommers v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 1838, Ontario Superior Court of Justice, May 10, 2005, J.D. Carnwath, J.R.R. Jennings and K.E. Swinton JJ. The Applicant police officers ...
Administrative law – Judicial review – Bias Fletcher v. Manitoba Public Insurance Corp., [2004] M.J. No 443, Manitoba Court of Appeal, December 15, 2004, Huband, Kroft and Hamilton JJ. A. Fletcher alleged that a reasonable apprehension of bias existed because the chairperson made political contributions to the New Democratic Party. Fletcher argued that the chairperson, ...
Administrative law – Employment law – Termination of employment – Judicial review – Procedural requirements and fairness – Bias Youth Criminal Defence Office v. Board of Directors of the Legal Aid Society of Alberta, [2004] A.J. No. 1345, November 3, 2004, Alberta Court of Queen’s Bench, Hart J. The applicant (“Holtby”) applied for a declaration of nullity ...
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Committee members – Impartiality – Judicial review – Witnesses – Bias – Disclosure – Procedural requirements and fairness Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. ...
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...
Administrative law – Police – Police Complaint Commissioner – Procedural fairness – Judicial review – Bias – Compliance with legislation – Evidence – Standard of review – Correctness Fryingpan v. Edmonton (City) Police Commissions, [2004] A.J. No. 225, Alberta Court of Queen’s Bench, February 25, 2004, Murray J. In October 2002, Fryingpan’s mother filed a complaint ...