A registrant midwife, Ms. B, who had filed a mandatory report to the College of Midwives of Ontario (the “College”) outlining the circumstances in which an associate and fellow College registrant midwife, Ms. CH, had left Ms. B’s midwifery practice, was not entitled to a copy of the College’s Inquiries, Complaints and Reports Committee (“ICRC”) decision in respect of Ms. CH or a complete record of the investigatory records, even though Ms. B intended to apply for judicial review of the ICRC’s decision in respect of Ms. CH

24. April 2012 0
Administrative law – Decisions of administrative tribunals – College of Midwives – Investigations – Midwives – Professional governance – Reporting requirements – Judicial review – Parties – Disclosure of third party records – Compliance with legislation Batacharya v. College of Midwives of Ontario, [2012] O.J. No. 697, 2012 ONCA 1072, Ontario Superior Court of Justice, ...

The Ontario Health Professions Appeal and Review Board (“HPARB”) acted unreasonably in its decision to review a decision in respect of multiple physician registrants listed, even though the complainant had withdrawn her review request against all but one of the registrants

24. April 2012 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Complaint – Multiple registrants – Physicians and surgeons – Disciplinary proceedings – Statutory provisions – Compliance with legislation – Public interest – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Wilcock v. Ontario (Health Professions Appeal and ...

The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use

27. March 2012 0
Administrative law – Decisions of administrative tribunals – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Jurisdiction of court – No reasonable cause of action W.W. v. Lakefield College School, [2012] O.J. No. 375, 2012 ONSC 577, Ontario Superior Court of Justice, January 27, 2012, P. Lauwers J. The Applicants ...

The Court of Appeal allowed the appeal of the Worker’s Compensation Board and restored its decision to compensate an injured worker based on calculations made under a new policy implemented under the Workers’ Compensation Act

27. March 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Statutory provisions – Policies – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Mellor v. Saskatchewan (Workers’ Compensation Board), [2012] S.J. No. 57, 2012 SKCA ...

The Appellant (“Merck”) unsuccessfully appealed from a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs.

27. March 2012 0
Administrative Law – Decisions of administrative tribunals – Government institution – Freedom of information and protection of privacy – Public bodies – Disclosure – Third parties – Notice – Judicial review – Compliance with legislation – Evidence – Standard of proof Merck Frosst Canada Ltd. v Canada (Health), [2012] S.C.J. No. 3, 2012 SCC 3, ...

The appellant, Catalyst Paper Corporation (the “Mill”), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts’ power to review municipal taxation bylaws. The Court dismissed the appeal. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal’s property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – By-laws – Municipalities – Taxation – Validity – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Catalyst Paper Corp. v. North Cowichan (District), [2012] S.C.J. No. 2, 2012 SCC 2, Supreme Court of Canada, January 20, 2012, McLachlin C.J. ...

The Court found, on judicial review, that the decision of the Director of Human Rights Commission extending the time to file a human rights complaint was unreasonable. The 12 month deadline to file a complaint ran until the formal complaint was made. The statutory scheme under the Human Rights Act, R.S.N.S. 1989, c.219 is premised on a formal complaint and a process of inquiry based on it. The Commission also breached its duty of procedural fairness by not giving the applicant employer, ExxonMobil Canada Ltd., a copy of the respondent employee’s request for an extension prior to the Director making a decision. Finally, there was no basis for a finding of exceptional circumstances because of the respondent’s counsel’s communications with the Commission led counsel to believe that the deadline to file a complaint was extended. The communications between counsel and the commission were about the administratively imposed 28 days for completing the intake questionnaire, not the 12 month statutory deadline. Also, those communications about extending time occurred after the statutory deadline had expired.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Human rights complaints – Discrimination – Judicial review – Limitations – Extension of time – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter ExxonMobil Canada Ltd. v. Carpenter, [2011] N.S.J. No. 649, 2011 NSSC 445, Nova Scotia Supreme Court, December ...

The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Adjudications – Freedom of information and protection of privacy – Disclosure – Completion of inquiry – Limitations – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Alberta (Information and Privacy Commissioner) v. Alberta ...

The respondent registrant appealed a College decision to the Health Professions Appeal Review Board (“HPARB”) and made a complaint to the Ontario Human Rights Commission about the College’s decision. The HPARB upheld the College’s decision and the College then applied to the Ontario Human Rights Tribunal to have her complaint dismissed. The Tribunal refused to dismiss it and the College applied for judicial review and obtained an order quashing the Tribunal’s decision.

27. December 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Human Rights Tribunal – Nurses – Disciplinary proceedings – Public interest – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judicial review – Appeals – Investigations – Standard of review – Correctness – Compliance with legislation – Privative clauses ...

The Appellant Chief of Police successfully appealed the Respondent Law Enforcement Review Board’s decision that it had jurisdiction to review the Chief of Police’s decision to take no further action in respect of a complaint

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police Commission – Law Enforcement Review Board – Jurisdiction – Police – Disciplinary proceedings – Judicial review – Investigations – Standard of review – Correctness – Compliance with legislation Edmonton Police Service v Alberta (Law Enforcement Review Board), [2011] A.J. No. 1117, 2011 ABCA 288, Alberta Court of ...