A dentist registered in British Columbia who attempted judicial review of a decision of the Alberta Dental Association and College refusing his registration as a dentist in Alberta, was unsuccessful

24. March 2015 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Dentists – Governance – Licence to practice – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Lum v. Council of the Alberta Dental Association and College, Review Panel, [2015] A.J. No. 19 , 2015 ...

The applicant nurse was not successful in his application for judicial review relating to the respondent College’s demand that he attend an independent medical examination

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Independent Medical Examination – Charter of Rights and Freedoms – Application to disciplinary proceedings – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Iacovelli v. College ...

Appeal from decision of Licence Appeal Tribunal to revoke liquor licence of strip club operated by Hells Angels member

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Alcohol and Gaming Commission – Permits and licences – Revocation – Judicial review – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter – Failure to provide reasons 751809 Ontario Inc. (c.o.b. Famous Flesh Gordon’s) v. Ontario (Registrar, Alcohol and ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

Enbridge Pipelines (“Enbridge”) applied to the National Energy (the “Board”) for approval of its pipeline expansion project. The Board granted approval on conditions, but the applicants sought judicial review of three interlocutory decisions made by the Board.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – National Energy Board – Natural resources – Oil and gas – Environmental matters – Charter of Rights and Freedoms – Freedom of expression – Participatory rights – Judicial review – Application to participate in hearing – Standing – Compliance with legislation Forest Ethics Advocacy Assn. v. Canada ...

The New Brunswick Court of Queen’s Bench dismissed the applicant physician’s judicial review application regarding a preliminary decision made by the College of Physicians and Surgeons. The Court declined to exercise its supervisory jurisdiction over the matter since it found that the complainant had adequate alternative remedies available to him under the Medical Act and failed to exhaust those before seeking judicial review. In respect of an evidentiary issue that was raised at the outset, the Court ruled that letters of complaint from patients underlying the proceedings between the College and the physician were inadmissible in the judicial review record because they were protected by privacy and privilege as per section 71.2(2) of the Medical Act.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...

Appeal from judicial review decision finding Workers’ Compensation Board decision regarding employer’s reporting duties unreasonable

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Employer – definition – Employer’s duty to report accident – Third parties – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, [2014] ...

Judicial Review of Parole Board of Canada Appeal Division decision denying request to remove international travel restriction

28. October 2014 0
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Discretionary conditions – Evidence – Reasonableness – Policies – Judicial review application – Compliance with legislation Latimer v. Canada (Attorney General), [2014] F.C.J. No. 898, 2014 FC 886, Federal Court, September 16, 2014, Manson J. The applicant applied for permanent relief from the international travel ...

Judicial review from Agricultural Land Commission reconsideration on basis of denial of procedural fairness

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Notice requirements – Judicial review – Procedural requirements and fairness – Compliance with legislation McCall v. Agricultural Land Commission, [2014] B.C.J. No. 2285, 2014 BCSC 1717, British Columbia Supreme Court, July 15, 2014, E.M. Burke J. The petitioners were owners of eight separate parcels ...

The Applicants were unsuccessful in seeking an appeal of the Registrar of Motor Dealers decision to refuse the applicants request to demand forfeiture of a bond

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Registrar of Motor Vehicle Dealers – Judicial review – Compliance with legislation – Remedies – Bonds – Forfeiture Jardine v. Saskatchewan (Motor Dealers, Registrar), [2014] S.J. No. 484, 2014 SKQB 250, Saskatchewan Court of Queen’s Bench, August 11, 2014, M.D. Popescul C.J.Q.B. The Applicants, the Jardines, sought ...