Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

21. April 2016 0
The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...

BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

Appeal to Supreme Court of Canada from decisions of Copyright Board of Canada regarding licences required to reproduce music for use in broadcasting

25. January 2016 0
Making copies of a copyright-protected work implicates the reproduction right, a right that rests exclusively with the copyright holder for the musical work and requires broadcasters to secure a licence to communicate the work. Administrative law – Broadcast-incidental copying – Copyright – Copyright Board – Correctness – Decisions of administrative tribunals – Intellectual property – ...

A Committee’s decision finding a psychologist/registrant guilty of professional misconduct for failing to use the term “non practicing” in his advertising was upheld by the Saskatchewan Court of Appeal

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Unauthorized practice – Advertising – Judicial review – Compliance with legislation – Rules and by-laws – Standard of review – Reasonableness simpliciter – Correctness Sydiaha v. ...

The Appellant was unsuccessful in appealing a Chambers Judge’s decision that quashed his complaint to the Saskatchewan Human Rights Commission

23. October 2015 0
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision.  On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...

Judicial review from Minister’s review of seizure of animals under Animal Protection Act

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Animals – Seizure and disposition of animals – Judicial review – Compliance with legislation – Interpretation – Standard of review – Correctness Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 NSSC 171, Nova Scotia Supreme Court, June 10, 2015, M.J. Wood ...

In overturning the Court of Appeal’s decision, the Supreme Court of Canada clarified that where a court reviews a decision of a specialized administrative tribunal (such as a human rights tribunal), the standard of review must be determined on the basis of administrative law principles, whether the review is conducted in the context of an application for judicial review or of a statutory appeal. The SCC also determined that while the correctness standard of review applied to one aspect of the tribunal’s decision (the scope of the state’s duty of religious neutrality), the reasonableness standard applied to the other aspects of the decision, including whether or not the complainant had been discriminated against. In her concurring judgment, Abella J. was concerned with the majority’s use of different standards of review for different aspects of the tribunal’s decision. She said that extricating the question of the state’s duty of religious neutrality from the other aspects of the tribunal’s decision regarding the discrimination analysis directly conflicts with the jurisprudence and creates another confusing caveat to the Dunsmuir framework.

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Municipalities – By-laws – Human Rights – Discrimination – Religion – Charter of Rights and Freedoms – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Remedies – Damages Mouvement laïque québécois v. Saguenay (City), [2015] S.C.J. No. ...

This matter concerns an appeal from the dismissal of a petition for judicial review of a decision of the Human Rights Tribunal (“Tribunal”) refusing to accept the appellants’ complaint for filing because it was not filed in time. The appeal was dismissed by the B.C. Court of Appeal.

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights  complaints – Discrimination – Race – Continuing contravention – Judicial review – Limitations – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Chen v. Surrey (City), [2015] B.C.J. No. 257, 2015 BCCA 57, British Columbia Court of ...

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 Applicants, Dr. Grahn and the University of Saskatchewan, were succesful in seeking a judicial review of a decision by the Chief Commissioner of the Saskatchewan Human Rights Commission

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Duty to accommodate – Universities – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter University of Saskatchewan v. Saskatchewan Human Rights Commission, [2014] S.J. No. 467, 2014 SKQB 248, Saskatchewan Court of Queen’s Bench, ...