Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use

27. February 2024 0
The Alberta Court of Appeal upheld the finding of unprofessional conduct for a veterinarian purchasing and failing to account for large quantities of a controlled substance and failing to cooperate in the investigation. Administrative law – Decisions reviewed – Association of Veterinarians – Judicial review – Appeals – Legislative compliance – Standard of review – ...

A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker

30. January 2024 0
The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of ...

Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies

30. January 2024 0
Administrative law – Decisions reviewed – School boards – Powers and duties – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness – Correctness – Human rights – Charter of Rights and Freedoms Burjoski v. Waterloo Region District School Board, [2023] O.J. No. 5341, 2023 ONSC 6506, Ontario Superior ...

Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change

27. December 2023 0
The Respondent, Alberta Utilities Commission, made a decision that prevented electrical utilities companies from earning a return on their mandated investments in electrical infrastructure. Four utilities companies successfully appealed the Commission’s decision to the Court of Appeal, on the basis the Commission breached its duty of procedural fairness. Administrative law – Decisions reviewed – Energy ...

The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal

27. September 2023 0
Administrative law – Decisions reviewed – Council for Pharmacists – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Correctness – Hearings – Pharmacists – Professional misconduct Thorkelson v. College of Pharmacists of Manitoba, [2023] M.J. No. 222, 2023 MBCA 69, Manitoba Court of Appeal, August 9, 2023, ...

The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service

27. September 2023 0
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...

The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC

Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Human rights – Discrimination – Family status – Marital status – Gender – Labour relations Gibraltar Mines Ltd. v. Harvey, [2023] B.C.J. No. 720, 2023 BCCA 168, British Columbia Court of ...

Mayor eventually defeats the council members’ effort to replace her as chair of meetings

Administrative law – Municipalities – By-laws – Judicial review – Ultra vires legislation – Standard of review – Correctness – Reasonableness simpliciter Sul v. St. Andrews (Rural Municipality), [2023] M.J. No. 66, 2023 MBCA 25, Manitoba Court of Appeal, March 10, 2023, D.M. Cameron, C.J. Mainella and J.L. Lemaistre JJ.A. The applicant, mayor, sought judicial ...

BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm

21. February 2023 0
Administrative law – Decisions reviewed – Municipal boards – Planning and zoning – Intervenor status – Judicial review – Procedural requirements and fairness – Delay – Failure to provide reasons – Standard of review – Correctness – Unreasonableness Beedie (Keefer Street) Holdings Ltd. v. Vancouver (City), [2022] B.C.J. No. 2392, 2022 BCSC 2150, British Columbia ...

Court of Appeal finds gathering & events public health orders justified under Charter

17. January 2023 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness – Correctness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons Beaudoin v. British Columbia, [2022] B.C.J. No. ...