The Charter and Nova Scotia Human Rights Act do not apply to Trinity Western University, a private university operating in British Columbia.

27. September 2016 0
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...

Court declined to exercise its discretion to extend the deadline for filing an application for judicial review

26. August 2016 0
An application for judicial review of a Board of Examiners in Psychology’s decision was dismissed for being brought out of time, as the applicant had the Board’s full decision and did not file the application by the deadline to file. Administrative law – Board of Examiners of Psychologists – Competence – Decisions of administrative tribunals ...

Workers’ Compensation Appeal Tribunal’s decision to deny a worker’s claim for psychological trauma was patently unreasonable

26. August 2016 0
The court held that the Workers’ Compensation Appeal Tribunal’s (“WCAT”) decision to deny a worker’s claim was patently unreasonable, as the court held that WCAT made findings with respect to the worker’s experience of a traumatic event without interviewing or assessing the worker, and made a medical finding that was contrary to the opinion of ...

Unsuitability finding to discharge RCMP officer in place of a disciplinary sanction was unreasonable

26. August 2016 0
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...

The BC Supreme Court found the Health Professions Review Board (“HPRB”) committed a reviewable error in the exercise of its statutory powers in relation to the adequacy of a regulatory body’s investigation and reasonableness of its decision

Administrative law – Decisions of administrative tribunals – College of Chiropractors – Health Professions Review Board – Statutory powers – Chiropractors – Competence – Inadequate investigations – Judicial review – Standard of review – Patent unreasonableness – Evidence College of Chiropractors of British Columbia v. Health Professions Review Board, [2016] B.C.J. No. 884, 2016 BCSC ...

A caution issued by Newfoundland and Labrador Pharmacy Board against a pharmacist was set aside by court

The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...

Court of Appeal reviews the Standard of proof applicable to a finding of misconduct under Ontario Police Services Act

The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...

Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...

Court did not intervene in Service New Brunswick’s decision to close a service centre

21. June 2016 0
Application for judicial review from discretionary ministerial decision to close government office. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Government – Government funding of programs – Judicial Review – Ministerial orders – Natural Justice – Procedural requirements and fairness Saint‑Quentin (Municipality) v. New Brunswick (Minister of Government Services), [2016] N.B.J. No. 65, 2016 ...