Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Appeals – Standard of review – Palpable and overriding error – Barristers and solicitors – Professional misconduct or conduct unbecoming Law Society of Ontario v. Diamond, [2021] O.J. No. 2115, 2021 ONCA 255, Ontario Court of Appeal, April 22, ...
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Judicial review – Barristers and solicitors – Professional misconduct or conduct unbecoming Lawyer v. Law Society of British Columbia, [2021] B.C.J. No. 1050, 2021 BCSC 914, British Columbia Supreme Court, May 13, 2021, A. Majawa J. In October 2019, the vice-chair of ...
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...
The appellant, Brian Graff, wished to be a candidate in the race for the leadership of the respondent New Democratic Party. The New Democratic Party said no, twice. This case is about Mr. Graff’s efforts to have these decisions quashed. Administrative law – Decisions of administrative tribunals – Judicial review – Bias – Standard of ...
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...
The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – ...
The applicant, Ayr Motors Express Inc. (the “Applicant”), operated a highway transportation business with a number of its workers comprised of foreign workers under the Temporary Foreign Workers Program pursuant to the Immigration and Refugee Protection Act, SC 2001, c. 27 (the “Act”). Before an employer can offer employment to, and seek a work permit ...