International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan. The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...
Individual’s application for financial assistance through Thalidomide Survivors Contribution Program was rejected because he did not meet the eligibility criteria set by the Program. His application for judicial review, wherein he essentially argued the eligibility criteria was unfair and an exception should be made, was dismissed. Administrative law – Decisions of administrative tribunals – Extraordinary ...
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Judicial review – Evidence – Credibility – Standard of review – Reasonableness – Professions – Accountants – Disciplinary proceedings – Procedural fairness Richmond v. Discipline Committee of the Certified General Accountants Assn. of Ontario, [2017] O.J. No. 2078, 2017 ONSC 1765, Ontario Superior ...
Administrative law – Decisions of administrative tribunals – Environmental Appeal Board – Hearing de novo – Judicial review application – Availability – Striking out Lindelauf v. British Columbia (Attorney General), [2017] B.C.J. No. 733, 2017 BCSC 626, British Columbia Supreme Court, April 18, 2017, S.A. Donegan J. Section 9 of the Water Act, R.S.B.C. 1996 c. ...
Application for judicial review of the Canadian Human Rights Commission’s decision to dismiss a complaint against applicant’s employer dismissed. Court rejected arguments that Commission’s investigation was insufficiently thorough due to investigator not listening to recordings of witness interviews conducted by applicant, and that investigator had prejudged case and was biased against applicant. Administrative Law – Decisions ...
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...
Court dismisses judicial review for failing to comply with a legislatively prescribed limitation date. Administrative Law – Decisions of administrative tribunals – Delay – Judicial Review – Legislative compliance – Mental stress – Patent unreasonableness – Standard of Review – Workers Compensation – Workers Compensation Boards Van Dam v. British Columbia (Workers’ Compensation Appeal Tribunal), ...
Appellate court affirms Tribunal’s decision that injuries caused to members of a CEO advisory group did not arise out of and in the course of their employment. Administrative law – Appeals – Decisions of administrative tribunals – Evidence – In and out of the course of employment – Judicial Review – Patent unreasonableness – Policies ...
BC Supreme Court dismissed petition for judicial review in respect of Human Rights Tribunal’s decision to summarily dismiss a complaint of sexual discrimination on the basis that the alleged contraventions occurred more than six months before the complaint was filed. Administrative law – Decisions of administrative tribunals – Discrimination – Employment law – Human rights ...
