Judicial Review of Parole Board of Canada Appeal Division decision denying request to remove international travel restriction

28. October 2014 0
Administrative law – Decisions of administrative tribunals – National Parole Board hearings – Discretionary conditions – Evidence – Reasonableness – Policies – Judicial review application – Compliance with legislation Latimer v. Canada (Attorney General), [2014] F.C.J. No. 898, 2014 FC 886, Federal Court, September 16, 2014, Manson J. The applicant applied for permanent relief from the international travel ...

Judicial review from Agricultural Land Commission reconsideration on basis of denial of procedural fairness

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Notice requirements – Judicial review – Procedural requirements and fairness – Compliance with legislation McCall v. Agricultural Land Commission, [2014] B.C.J. No. 2285, 2014 BCSC 1717, British Columbia Supreme Court, July 15, 2014, E.M. Burke J. The petitioners were owners of eight separate parcels ...

Law Society Hearing Panel concluded that appellant lawyer could not be found to have committed fraud in “flip transactions” in absence of evidence from other persons involved in the allegedly fraudulent transactions. The Appeal Panel found that the Hearing Panel made errors of law in respect of what is required to prove fraud, and ordered a new hearing. On review, the court determined that the standard of review was reasonableness, since the decision regarding the application of the test for fraud to the facts is a question of mixed fact and law. The court ruled that the Appeal Panel’s decision was reasonable, and dismissed the appellant’s appeal.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct or conduct unbecoming – Competence – Fraudulent transactions – Disciplinary proceedings – Penalties – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Law Society of Upper Canada v. Talarico, [2014] O.J. No. 3617, 2014 ONSC ...

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, ...

The Applicants were unsuccessful in seeking an appeal of the Registrar of Motor Dealers decision to refuse the applicants request to demand forfeiture of a bond

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Registrar of Motor Vehicle Dealers – Judicial review – Compliance with legislation – Remedies – Bonds – Forfeiture Jardine v. Saskatchewan (Motor Dealers, Registrar), [2014] S.J. No. 484, 2014 SKQB 250, Saskatchewan Court of Queen’s Bench, August 11, 2014, M.D. Popescul C.J.Q.B. The Applicants, the Jardines, sought ...

Decision by the Alberta Court of Appeal overturning a decision by the Alberta Securities Commission that found five individuals culpable of charges stemming from insider trading

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Evidence – Compliance with legislation Walton v. Alberta (Securities Commission), [2014] A.J. No. 909, 2014 ABCA 273, Alberta Court of Appeal, August 29, 2014, P.W.L. Martin, F.F. Slatter JJ.A. and R.E. Nation J. ...

This was a successful application by property owner for leave to appeal the decision of the Town of Okotoks Subdivision and Development Appeal Board approving a development permit for a daycare adjacent to the property of the Applicant

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – By-laws – Planning and zoning – Variance orders – Appeals – Judicial review Young v. Okotoks, [2014] A.J. No. 931, 2014 ABCA 275, Alberta Court of Appeal, September 2, 2014, B.K. O’Ferrall J.A. The Applicant, Jeff Young, sought leave to appeal a decision ...

BC Court of Appeal permitted the respondent leave to appeal a commercial arbitrator’s decision. The Arbitration Act only allows leave to appeal on questions of law, and the court determined that the question raised by the respondent was one of law, since it related to contractual interpretation and whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract. The Supreme Court of Canada ruled that contractual interpretation issues involving mixed fact and law, such as whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract, are properly questions of fact. Accordingly, as the respondent’s appeal was based on a question of fact and not law, it should not have been granted leave. The appellant’s appeal was allowed.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...

The BC Supreme Court struck down bylaws passed by the College of Pharmacists which prohibited the use of incentive programs in pharmacies. The court found that the College’s decision to pass the bylaws fell outside the range of possible acceptable outcomes, given the competing public interests and the College’s ability to pass bylaws that are narrower in scope to address their reasonable concerns. The bylaws were found to be overbroad and their net effect was found to be harmful to the public interest in obtaining pharmacy services and prescriptions at the lowest price.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional governance and discipline – Rules and by-laws – Change of by-laws – Public interest – Incentive programs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Sobeys West Inc. v. College of Pharmacists ...

The Appellant (Mr. Ayangma) unsuccessfully appealed a decision of the Supreme Court of PEI. The Supreme Court had refused Mr. Ayangma’s application for judicial review relating to a decision of the PEI Human Rights Commission. The PEI Human Rights Commission had dismissed Mr. Ayangma’s complaint relating to his job application for the Respondent (Canada Health Infoway Inc.).

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Employment law – Appointment – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Correctness – Stare decisis Ayangma v Prince Edward Island (Human Rights Commission), [2014] P.E.I.J. No. 33, 2014 PECA 13, Prince ...