Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

Extradition in the face of medical hardship – finding the balance

17. March 2020 0
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...

Limitation period for statutory accident benefits is subject to rule of discoverability

21. January 2020 0
Administrative law – Judicial review – Application – Appeals – Compliance with legislation – Limitations – Discoverability rule Tomec v. Economical Insurance Co., [2019] O.J. No. 5677, 2019 ONCA 882, Tomec v. Economical Insurance Co., Ontario Court of Appeal, November 8, 2019, C.W. Hourigan, M.L. Benotto and J.M. Fairburn JJ.A. The appellant was a pedestrian and ...

College of Physicians of Alberta failed to afford an internationally trained physician adequate procedural fairness

15. October 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness Mohamed v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1134, 2019 ABQB 657, Alberta Court of Queen’s ...

Complaint Dismissed: What can the BC Human Rights Tribunal consider when dismissing a complaint on the basis that it “would not further the purpose of this Code”

20. August 2019 0
The court considered the scope of the authority of the BC Human Rights Tribunal to take into account the results of a separate workplace proceeding when deciding to dismiss a complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Application ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

Relief from forfeiture under Law and Equity Act does not apply to statutory forfeiture under Residential Tenancy Act

18. June 2019 0
Administrative law – Landlord and tenant – Leases – Remedies – Relief from forfeiture – Judicial review – Appeals – Compliance with legislation Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, 2019 BCCA 105, British Columbia Court of Appeal, April 2, 2019, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A. In 2017, the landlord ...

The Registrar appealed a decision of the Ontario Licence Appeal Tribunal, which directed it not to suspend the liquor licence of an establishment. In making its decision, the court concluded that a liquor establishment, under section 45 of the applicable regulation, did not have an obligation to ensure that patrons arrive home safely or to ensure that they safely depart their premises.

21. May 2019 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Compliance with legislation – Judicial review – Appeals – Standard of review – Reasonableness Ontario (Registrar, Alcohol, Gaming and Racing) v. 1146587 Ontario Ltd. (c.o.b. The Royal Oak), [2019] O.J. No. 1336, 2019 ONSC 1469, Ontario Superior Court of Justice, March 18, 2019, K.E. Swinton, G.M. ...

The Court quashed an Information and Privacy Commissioner adjudicator’s decision that the College of Physicians and Surgeons was required to produce information related to a quality assurance program at the subject physician’s request

Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Physicians and surgeons British Columbia (College of Physicians and Surgeons) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. ...