Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...
Application for judicial review of the Governor in Counsel’s decision that the significant adverse environmental effects that the Minister of the Environment determined would likely result from the Site C Clean Energy Project on the Peace River were justified in the circumstances. After determining that the reasonableness standard of review applied, and that a considerable ...
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Professional governance and discipline – Self-governing professions – Licence to practice – Registration – Public interest – Judicial review – Investigations – Compliance with legislation – Remedies – Injunctions College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v. ...
Dentist sought judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure ...
Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds. Administrative law – Charter of Rights and Freedoms – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Freedom of Religion – Human Rights – Judicial Review – Parental Rights ...
Administrative law – Associations and clubs – Governance – Elections – By-laws – Judicial review – Compliance with legislation – Procedural requirements and fairness Canadian Federation of Students v. Cape Breton University Students’ Union, [2015] O.J. No. 3633, 2015 ONSC 4093, Ontario Superior Court of Justice, July 10, 2015, R. Beaudoin J. The CFS claimed ...
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Professional misconduct or conduct unbecoming – Practice and procedure – Summary proceedings – Judicial review – Compliance with legislation – Statutory interpretation – Legislation – Retrospective and retroactive operation Gulkison v. Vancouver Police Board, [2015] B.C.J. ...
The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities. Administrative law – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Police – Police ...
A lawyer was disciplined and disbarred, and the costs of the disciplinary hearing were ordered against him. He did not pay the costs and later declared bankruptcy and was subsequently discharged. Several years later he applied for readmission to the Law Society. The Law Society said his application could not be considered by the Admissions ...
After the Law Society Benchers denied Trinity Western University’s (‘TWU’) application for the accreditation of its proposed law school, TWU applied for judicial review, arguing in part that the Law Society should only have considered whether the school could produce competent lawyers, and not broader public interest factors, when making the decision. The court held ...
