Applicant sought judicial review of the Minister of Agriculture’s review of the seizure of animals under the Animal Protection Act

14. June 2016 0
Judicial review from Minister’s review of seizure of animals under Animal Protection Act. Administrative law – Animals – Compliance with legislation – Correctness – Decisions of administrative tribunals – Interpretation – Judicial Review – Ministerial orders – Seizure and disposition of animals – Standard of Review Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 ...

BC Court of Appeal held that administrator of a strata corporation could not replace bylaws without approval of voters

Absent specific statutory authorization, the B.C. Court of Appeal held that a court may not order that an administrator can exercise powers without approval by a resolution passed by a majority vote pursuant to section 174(7) Strata Property Act (the “Act”), as this would abrogate the democratic rights of owners under the Act. Administrative law ...

Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

Application to the Alberta Court of Appeal for leave to appeal a decision of the Alberta Law Enforcement Review Board remitting a matter back to the same decision maker that initially dismissed the appellant’s complaint against a police officer

Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Judicial review – Appeals – Leave to appeal – Investigations – Compliance with legislation – Remedies – Procedural requirements and fairness – Bias Steele v. Edmonton (City) Police Service, [2016] A.J. No. 327, 2016 ABCA 95, ...

Pharmacists are not allowed to use customer incentive programs

21. March 2016 0
A bylaw prohibiting pharmacists from using customer incentive programs was struck down on judicial review on the basis of unreasonableness. The College of Pharmacists appealed. The appeal was allowed as the court found that the bylaws conformed to the rationale of the statutory regime. Administrative law – Bylaws – College of Pharmacists – Compliance with ...

Application by a police officer for an order quashing or staying disciplinary proceedings against him on the basis they contravened his rights under ss. 7 and 11 of the Canadian Charter of Rights and Freedoms

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Police Services Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Investigations – Bias – Compliance with legislation – Charter of Rights and Freedoms – Judicial review Ontario (Provincial Police) v. Ontario (Provincial) Police Services Board, [2015] O.J. No. 6534, 2015 ONSC 7718, ...

Application by City of Burnaby for declaratory relief in relation to constitutional questions regarding the jurisdiction of the National Energy Board over the Trans Mountain Pipeline

25. January 2016 0
The applicant City of Burnaby is a municipality in which the existing Trans Mountain Pipeline, travelling from Sherwood Park, Alberta, to terminals and refineries in central British Columbia, the Lower Mainland, Puget Sound, and other points, has a right of way. The respondent Trans Mountain Pipeline ULC is the proponent of the Trans Mountain Expansion ...

Alberta Court held it had no jurisdiction to review the Law Enforcement Review Board’s decision to dismiss a constable

22. January 2016 0
The Applicant, Constable A., was unsuccessful in seeking judicial review of the Respondent Law Enforcement Police Board’s decision regarding her dismissal. Administrative law – Appeal Process – Compliance with legislation – Decisions of administrative tribunals – Judicial Review – Jurisdiction – Penalties and suspensions – Police – Police Review Board – Professional governance and discipline ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

A Committee’s decision finding a psychologist/registrant guilty of professional misconduct for failing to use the term “non practicing” in his advertising was upheld by the Saskatchewan Court of Appeal

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Unauthorized practice – Advertising – Judicial review – Compliance with legislation – Rules and by-laws – Standard of review – Reasonableness simpliciter – Correctness Sydiaha v. ...