Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

Repligen Corporation (“Repligen”) succeeded on judicial review of a decision of the Canadian Intellectual Property office’s patent commissioner (“the Commissioner”) denying Repligen’s request to correct a clerical error where maintenance fees were credited to the wrong patent and Repligen’s patent lapsed as a result

29. March 2011 0
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...

The Appellant (the Workers’ Compensation Board) successfully appealed a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The WCAT had allowed a claim for compensation made by the Respondent (Ms. Cormier) but its decision was found to disclose a reasonable apprehension of bias.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Bias – Evidence – Standard of review – Correctness Prince Edward Island (Workers’ Compensation Board) v. Cormier, [2011] P.E.I.J. No. 2, 2011 PECA 1, Prince Edward Island Court of Appeal, January 7, 2011, D.H. Jenkins ...

The Appellant (Celgene Corporation) unsuccessfully appealed a decision of the Respondent (the Patented Medicine Prices Review Board), which had decided it possessed the authority to require Celgene to provide certain pricing information

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Patented Medicine Prices Review Board – Consumer protection – Intellectual property – Patents – Legislation – Statutory interpretation – Judicial review – Compliance with legislation – Disclosure – Jurisdiction – Standard of review – Correctness Celgene Corp. v. Canada (Attorney General), [2011] S.C.J. No. 1, 2011 SCC ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

The Northwest Territories Supreme Court holds that the Northwest Territories Public Utilities Board exceeded its jurisdiction by engaging in retroactive ratemaking

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Public Utilities Board – Regulation of rates – Judicial review – Standard of review – Correctness – Jurisdiction Northland Utilities (Yellowknife) Ltd. v. Northwest Territories (Public Utilities Board), [2010] N.W.T.J. No. 91, 2010 NWTSC 92, Northwest Territories Supreme Court, November 24, 2010, J.Z. Vertes J. The Northwest ...

The application by the Children’s Aid Society of the Regional Municipality of Waterloo (the “Society”) for an order quashing a written decision of the Child and Family Services Board (the “Board”) on the grounds that the Board lacked jurisdiction to conduct the review was allowed where the court held that the matters at issue were “before the court” and therefore the Board was statutorily prohibited from reviewing the complaint

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Child and Family Services Review Board – Judicial intervention – Protection matters – Children – Judicial review – Compliance with legislation – Statutory interpretation – Jurisdiction – Failure to provide reasons – Natural justice – Standard of review – Correctness Children’s Aid Society of Waterloo v. D.D., ...

The applicant (Aurora College) successfully applied to quash the decision of an adjudicator established under the Human Rights Act. The adjudicator had ordered that an investigative report be disclosed to her.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Adjudications – Human rights complaints – Discrimination – Judicial review – Disclosure – Relevance of information disclosed – Compliance with legislation – Standard of review – Correctness – Inquiries vs. adjudications Aurora College v. Niziol, [2010] N.W.T.J. No. 86, 2010 NWTSC 87, Northwest ...

A police officer (Horon) successfully appealed a decision of the Law Enforcement Review Board for the Edmonton Police Service (“Law Enforcement Review Board”) that had directed the Chief of Police to lay a charge of neglect of duty against him

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional governance and discipline – Investigations – Reporting requirements – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Failure to provide reasons Mitzel v. Alberta (Law Enforcement Review Board), [2010] A.J. ...

Mr. Tsui, an employee of the Respondent, Canada Post, was unsuccessful in bringing an application for judicial review in respect of the Canadian Human Rights Commission’s decision to dismiss his complaint after an initial investigation

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness Tsui v. Canada Post Corp., [2010] F.C.J. No. 1066, 2010 FC 860, Federal Court, August 30, 2010, O’Keefe J. The ...