The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...

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 ...

The plaintiff homeowner (Mr. Glaspell) took issue with his neighbour’s construction of a dock and boathouse on Big Cedar Lake. Mr. Glaspell commenced an action against several parties. He then brought a partial motion for summary judgment against some of the defendants seeking declarations with respect to the regulation of docks and boathouses constructed on Ontario lakes. The Court held that the defendant (the Corporation of the Township of North Kawartha) did have jurisdiction to enact and apply by-laws to these structures. The Court also held that occupancy permits and work permits were necessary for these structures.

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Natural resources – Water – Municipalities – By-laws – Power to enact by-laws – Planning and zoning – Building permits – Judicial review – Compliance with legislation – Jurisdiction Glaspell v. Ontario (Minister of Municipal Affairs and Housing), [2015] O.J. No. 3246, 2015 ONSC 3965, Ontario ...

The central issue on this judicial review application was the manner in which statutory action and holiday pay on earned commissions was treated in the employee’s employment contract

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Remuneration – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Patent unreasonableness Brandt Tractor Ltd. v. Claypool, [2015] B.C.J. No. 941, 2015 BCSC 759, British Columbia Supreme Court, May 11, 2015, P.W. Walker J. ...

The Alberta Court of Appeal granted a veterinarian’s application for a stay of suspension from practice

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Remedies – Injunctions – Judicial review – Stay of proceedings Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 553, 2015 ABCA 176, Alberta Court of Appeal, May 21, ...

A registered nurse (“Heffel”) was unsuccessful on appeal to the Northwest Territories Supreme Court from a decision of the Board of Inquiry under the Nursing Profession Act

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Registered Nurses Association – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Bias Heffel v. Registered Nurses Assn., [2015] N.W.T.J. No. 22, 2015 NWTSC 16, Northwest Territories ...

A physician (“Dr. Coull”) succeeded on appeal from an order of the Council of the College of Physicians and Surgeons (the “College”)

23. June 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Evidence Coull v. College of Physicians and Surgeons of Prince Edward Island, [2015] P.E.I.J. No. 20, 2015 PECA 6, Prince Edward Island Court ...

The Applicant Donald Chong unsuccessfully sought judicial review of the Respondent College’s decision to impose restrictions on his practice

26. May 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Competence – Judicial review – Procedural requirements and fairness Chong v. College of Physicians and Surgeons, [2015] O.J. No. 1200, 2015 ONSC 922, Ontario Superior Court of Justice, March 12, 2015, G.B. Morawetz R.S.J., ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

The appellant Loyola High School successfully appealed a decision of the respondent Minister of Education, Recreation and Sports. Loyola had been refused for an exemption so it had to implement a mandatory program on ethics and religious culture

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Judicial review – Schools and school boards – Charter of Rights and Freedoms – Freedom of Religion Loyola High School v. Quebec (Attorney General), [2015] S.C.J No. 12, 2015 SCC 12, Supreme Court of Canada, March 19, 2015, McLachlin C.J. and LeBel, Abella, Rothstein, ...