The Applicant (Mr. Plotkine) unsuccessfully sought leave to appeal a decision of the Ontario Municipal Board. The Board had permitted 10 variances for the Respondent neighbours (Allan and Susan Seidenfeld) to build a home that did not comply with the building code.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Variance orders – Judicial review – Appeals – Parties – Standing – Failure to provide reasons – Evidence Plotkine v Seidenfeld, [2014] O.J. No. 3375, 2014 ONSC 4157, Ontario Superior Court of Justice, July 16, 2014, T.R. Lederer ...

The applicant lawyer unsuccessfully applied to have his license to practice reinstated. The applicant then unsuccessfully applied for judicial review of the respondent Law Society’s decision to refuse reinstatement.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Penalties and suspensions – Disbarment – Restoration of membership – Judicial review – Standard of review – Reasonableness simpliciter Anhang v Law Society of Manitoba, [2014] M.J. No. 196, 2014 MBQB 140, Manitoba Court ...

A forestry company (“Irving”) was partly successful on appeal from a finding of the respondent, North Shore Forest Products Marketing Board (the “Board”), which had held that the various forest product marketing boards had the authority to regulate stumpage agreements

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Marketing Boards – Natural resources – Forestry – Stumpage fees – Judicial review – Jurisdiction – Bias – Standard of review – Correctness – Reasonableness simpliciter J.D. Irving Ltd. v. North Shore Forest Products Marketing Board, [2014] N.B.J. No. 162, 2014 NBCA 42, New Brunswick Court of ...

Court remitted an arbitrator’s decision regarding a dispute of transfer of fishing licences to be heard by a different arbitrator

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration and award – Interpretation of contract – Fisheries – Licences – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Failure to provide reasons Layman Estate v. Layman, [2014] N.J. No. 181, 2014 NLTD(G) 66, Newfoundland and Labrador Supreme Court, June 20, 2014, ...

The Appellant car dealer was unsuccessful in seeking a judicial review of the Respondent Registrar of Motor Dealers’ decision that the Appellant committed a deceptive act in the course of the sale of a motor vehicle

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Investigations – Consumer protection – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness Windmill Auto Sales & Detailing Ltd. v. British Columbia (Registrar of Motor Dealers), [2014] B.C.J. No. 1005, 2014 BCSC 903, British Columbia Supreme Court, ...

The Appellant employer was successful in seeking an appeal relating to a decision by Workers’ Compensation Appeals Tribunal (the”WCAT”) awarding the Respondent an increased permanent impairment benefit (the “PMI”)

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers compensation – Occupational disease — Benefits – Statutory provisions – Judicial review – Evidence – Compliance with legislation Enterprise Cape Breton Corp. v. Anderson, [2014] N.S.J. No. 286, 2014 NSCA 59, Nova Scotia Court of Appeal, June 10, 2014, M. ...

Appeal from a judgment overturning decision of BC Human Rights Tribunal to allow a late filed complaint in the public interest

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Application – Premature – Delay – Public interest – Standard of review – Patent unreasonableness British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, [2014] B.C.J. No. 1122, 2014 BCCA 220, British ...

Appeal from a decision of Winnipeg Taxicab Board refusing to reinstate licence on the basis of hearsay evidence and opinion evidence as to credibility

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Taxi licence appeal board – Permits and licences – Investigations – Judicial review – Hearsay Evidence – admissibility – Credibility – Natural justice – Failure to provide reasons Gidda v. Taxicab Board, [2014] M.J. No. 160, 2014 MBCA 58, Manitoba Court of Appeal, June 6, 2014, H.C. ...

A non-practising psychologist (“Sydiaha”) appealed from a decision of the Council of the Saskatchewan College of Psychologists where it had found him guilty of professional misconduct for advertising himself as a psychologist, without specifying that he was non-practising

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Unauthorized practice – Advertising – Professional misconduct / conduct unbecoming – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Sydiaha v. Saskatchewan College of Psychologists, [2014] S.J. No. 254, 2014 ...

Mr. Chiarelli (“Chiarelli”) was unsuccessful in appealing from an order that permanently enjoined him from engaging in the practice of law or in the provision of legal services in Ontario.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Paralegals – Unauthorized practice – Advertising – Disciplinary proceedings – Self-representation – Penalties and suspensions – Judicial review – Compliance with legislation Law Society of Upper Canada v Chiarelli, [2014] O.J. No. 2328, 2014 ONCA 391, Ontario Court of Appeal, May 14, 2014, ...