A decision made by the Parole Board of Canada to refuse to grant an oral hearing and rely only on the written record to recommend laying criminal charges against the Applicant was found to have breached the principles of procedural fairness

23. October 2015 0
The Applicant, Ms. Gallone, successfully applied for judicial review in respect of a decision made by the Respondent Parole Board of Canada. The Parole Board had refused to grant an oral hearing and then relied on the written record to recommend the laying of a criminal charge against her. The Court held the Parole Board’s ...

The Applicant Tenant (the “Tenant”) succeeded on an application for judicial review in respect of a decision made by one of the Residential Tenancy Office’s Dispute Resolution Officers (the “DRO”). The DRO had decided the Tenant was properly evicted for cause by the Respondent Landlord.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Eviction – Conduct of tenant – Illegal activities – Criminal charges – Evidence – admissibility – past conduct – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness Williams v. Holywell Properties, [2009] B.C.J. No. ...

The application by a suspended police detective (“MacNeil”) was dismissed where the Court found that the material information supported the decision to confirm the suspension

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Criminal charges – Evidence – Disclosure – Hearings – Conduct of hearings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter MacNeil ...

A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...

An application for judicial review of an Arbitrator’s decision which held that a police officer was entitled to indemnification under the collective agreement for legal costs incurred in defending a criminal charge despite having pled guilty to a charge of insubordination. The Court held that breach of a rule or directive does not automatically lead to the conclusion that the officer was not attempting to perform his police duty in good faith. The application for judicial review was dismissed.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Arbitration Board – Police – Criminal charges – Disciplinary proceedings – Judicial review – Applications – Costs – Legal fees Toronto Police Services Board v. Toronto Police Assn., [2007] O.J. No. 1948, Ontario Superior Court of Justice, Divisional Court, May 15, 2007, S.N. Lederman, K.E. ...

A man who had been found not guilty by reason of insanity for a first-degree murder he committed in his teens (“Leyshon-Hughes”) applied to quash decisions of the Ontario Review Board (the “Board”) adjourning his annual Review Board hearing and mandating provision of further medical evidence as to his risk of reoffending, and for an order requiring the ORB to establish a new Review Board panel to proceed forthwith with his annual Review Board hearing

24. July 2007 0
Administrative law – Criminal charges – Inmates Not Criminally Responsible for their crimes – Decisions of administrative tribunals – Review Board – Adult in need of protection – Danger to public – Mental health – Substitute decision maker – Judicial review – Application for intervenor status – Adjournment of hearing – Evidence – Procedural requirements and fairness – Natural ...

A Hearing Officer stayed a disciplinary hearing under the Ontario Police Services Act on the basis that the hearing would constitute an abuse of process after the accused police officer had been acquitted on criminal charges arising from the same conduct that triggered the hearing. This decision was quashed on judicial review as the court found that proceeding with the disciplinary hearing would not constitute an abuse of process.

22. November 2005 0
Administrative law – Police – Disciplinary proceedings – Criminal charges – Evidence – Hearings – Decisions of administrative tribunals – Police Commission – Abuse of process – Test – Judicial review – Stay of proceedings – Standard of review – Correctness Peel (Regional Municipality) Police Service v. Watson, [2005] O.J. No. 3525, Ontario Superior Court of Justice, August 18, ...