The Office of the Information and Privacy Commissioner issued a notice to produce records to a university, demanding that it provide copies of all documents that fell under the complainant’s request, including those over which the university asserted solicitor-client privilege. Authority to do so was said to be provided by s. 56(3) of FOIPPA. The Court of Appeal held that the principles of strict interpretation needed to be applied to s. 56(3), and upon that application, it was clear that the provision did not confer authority upon the Commissioner to require disclosure of records from a public body that were subject to solicitor-client privilege. The language of the provision was not clear or explicit enough to warrant an override of privilege, which is essential to our legal system and the administration of justice.

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Universities – Freedom of information and protection of privacy – Disclosure of records – Public body – Solicitor-client privilege – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness University of Calgary v. J.R., [2015] A.J. No. 348, ...

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. ...

Appeal from decision of Law Society Tribunal Appeal Division from penalty of licence revocation

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Permits and licences – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Kelly v. Law Society of Upper Canada, [2015] O.J. No. 921, 2015 ONSC 886, Ontario ...

Application for judicial review of decision of Registrar of Motor Dealers refusing salesperson’s licence

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Compliance with legislation – Public interest – Competence – Standard of review – Reasonableness simpliciter Fryer v. British Columbia (Motor Vehicle Sales Authority), [2015] B.C.J. No. 325, 2015 BCSC 279, British Columbia Supreme Court, February 13, ...

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 ...

Alberta Court of Appeal upholds a decision from the Council of the Alberta Association of Architects (“Association”) that held: (i) an architect engaged in architectural practice without Association registration is not immune from regulatory discipline and (ii) an architect that de-registers with the Association after a complaint has been filed but prior to a disciplinary proceeding is not immune from prosecution and sanction

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Governance – Disciplinary proceedings – Professional misconduct – De-registration – Unauthorized practice – Public interest – Judicial review – Compliance with legislation  – Procedural requirements and fairness – Bias Ho v. Alberta Assn. of Architects, [2015] A.J. No. 186, 2015 ABCA ...

The community association successfully applied for judicial review of a decision by the City of Vancouver and Development Permit Board approving a rezoning bylaw and issuing a development permit for construction of a 36-storey mixed use tower. The court quashed the bylaw and development permit, and directed new hearings, finding that the public hearing process was flawed. The bylaw and development permit arose out of a negotiation between the city and developer for a land exchange proposal, whereby the parties would swap properties across the street from one another and the developer would renovate its former building to provide the city with affordable housing units and obtain rezoning of the former city building so that it could construct a 36-storey tower. The court found that the procedure adopted by the city was unfairly restrictive and directed new hearings which would permit concerned citizens to address the whole project, including the essence and value of the land exchange to the city and its residents.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Planning and zoning – Notice and consultation – Hearings – Conduct of hearings – Disclosure of documents – Judicial review – Procedural requirements and fairness – Evidence Community Assn. of New Yaletown v. City of Vancouver, ...

Suppression firefighters employed by the city applied for judicial review of the Human Rights Tribunal of Ontario’s summary dismissal of their complaint of discrimination based on the city’s requirements that suppression firefighters retire at age 60. The tribunal, relying on an earlier decision, found that mandatory retirement at age 60 for suppression firefighters was a bona fide occupational requirement. The tribunal concluded that the mandatory retirement standard was adopted in good faith to protect health and safety. The court dismissed the application for judicial review, noting that the exception the employer might be required to offer in individual accommodation was a narrow one. The applicants brought forward no medical evidence nor did it suggest an alternative testing regime capable of eliciting medical evidence. Thus the procedural duty to accommodate the firefighters was not triggered.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Age – Mandatory retirement – Occupational requirement – Duty to accommodate – Judicial review – Standard of review – Reasonableness simpliciter Corrigan v. Mississauga (City), [2015] O.J. No. 435, 2015 ONSC 236, Ontario Superior Court of Justice, ...

A privacy commissioner adjudicator ordered the Calgary Police Service to stop disclosing more information than was necessary when providing collision reports to members of the public who had been involved in traffic accidents. On judicial review, the Police Service was unsuccessful in having the adjudicator’s decision quashed.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Parties – Standing – Standard of review – Reasonableness simpliciter Calgary (City) Police Service v. Alberta (Information and Privacy Commissioner), [2014] A.J. No. 1470, 2014 ABQB ...

A bus driver who was required to retire at age 65 made a human rights complaint alleging discrimination. A Nova Scotia Board of Inquiry under the Human Rights Act found discrimination, but the School Board successfully appealed from this determination.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Age – Mandatory retirement – Labour law – Collective agreements – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Tri-County Regional School Board v. Nova Scotia (Human Rights Board of Inquiry), [2015] ...