Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”

16. March 2021 0
On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...

The petitioner, Liquor Control Board of Ontario, sought judicial review of an Information and Privacy Commissioner of Ontario order that it cease its practice of collecting personal information in relation to the sale of alcohol to unlicensed clubs

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Freedom of information and protection of privacy – Collection of records – Public body – Crown agents – Judicial review – Procedural requirements and fairness Ontario (Liquor Control Board) v. Vin de Garde Wine Club, [2013] O.J. No. 5788, 2013 ONSC 5854, Ontario ...

The Respondent, Office of the Information and Privacy Commissioner (“OIPC “), succeeded in resisting an application for judicial review of one of its decisions. The OIPC decision related to a driver’s licence scanning system implemented by the Applicant nightclub owners for security reasons. The OIPC decided that the information was not gathered for a reasonable purpose. The Court refused to interfere with that decision.

Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Collection of records – Reasonable purpose – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Penny Lane Entertainment Group v. Alberta (Information and Privacy Commissioner), [2009] A.J. ...