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 – ...
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 ...
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 ...
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 ...
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, ...
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, ...
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 ...
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 ...
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 ...
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. ...