The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies

20. September 2022 0
Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...

Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness

16. August 2022 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Bias – Procedural requirements and fairness – Standard of review – Correctness – Motor vehicle accidents Warren v. Ontario (Licence Appeal Tribunal), [2022] O.J. No. 2897, 2022 ONSC 3741, Ontario Superior Court of Justice, June 24, 2022, F.E. McWatt, F. Kristjanson and ...

No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer

16. August 2022 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Procedural requirements and fairness – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Delay – Remedies – Mandamus Law Society of Saskatchewan v. Abrametz, [2022] S.C.J. No. 29, 2022 SCC 29, Supreme Court of Canada, July ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...

Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim

21. June 2022 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Human rights complaints – Discrimination – Universities Michalski v. McMaster University, [2022] O.J. No. 2071, 2022 ONSC 2625, Ontario Superior Court of Justice, April 29, 2022, D.L. Corbett, ...

One wrong word in a decision does not mean the decision was wrong

Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory

19. October 2021 0
Administrative law – Decisions reviewed – Municipal Board – By-laws – Planning and zoning – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness E.Z. Automotive Ltd. v. Regina (City), [2021] S.J. No. 328, 2021 SKCA 109, Saskatchewan Court of Appeal, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. ...

That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...