The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...
Application for judicial review of the decision of Workers’ Compensation Appeal Tribunal (WCAT) on the basis WCAT made patently unreasonable findings of fact. Administrative law – Benefits – Decisions of administrative tribunals – Evidence – Expert Evidence – Judicial Review – Workers Compensation – Workers Compensation Boards Stovicek v. Providence Health Care Society, [2016] B.C.J. No. ...
Appeal from the decision of Panel of the Healthcare Practitioner Special Committee for Audit Hearings ordering repayment of over $1.1 million and permanent cancellation of enrolment in MSP. Administrative law – Billing matters – Decisions of administrative tribunals – Delay – Evidence – Fairness – Hearings – Judicial Review – Ministry of Health Billing Integrity ...
Appeal from decision of Discipline Committee Panel of the College of Massage Therapists of Ontario on the basis of errors in credibility assessment in sexual abuse complaint. Administrative law – College of Massage Therapists – Conduct unbecoming – Credibility – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Massage Therapists ...
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – PharmaCare Enrollment Agreement – Billing matters – Public interest – Judicial review – Procedural requirements and fairness – Remedies – Interlocutory injunctions Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2015] B.C.J. No. 2919, British Columbia Supreme Court, November 16, ...
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Competence – Licence to practice – Suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Notice – Disclosure Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 1398, 2015 ABCA 396, Alberta Court of Appeal, ...
An Alberta Human Rights Tribunal found that the Association of Professional Engineers and Geoscientists of Alberta (the “Association”) discriminated against Mr. Mihaly, a Czechoslovakian educated engineer, by requiring him to write examinations to confirm his academic credentials and failing to recognize his education as equivalent to an engineering degree from an accredited university. The tribunal ...
A bylaw prohibiting pharmacists from using customer incentive programs was struck down on judicial review on the basis of unreasonableness. The College of Pharmacists appealed. The appeal was allowed as the court found that the bylaws conformed to the rationale of the statutory regime. Administrative law – Bylaws – College of Pharmacists – Compliance with ...
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Solicitor-client privilege – Judicial review – Privileged communications Newfoundland and Labrador (Information and Privacy Commissioner) v. Eastern Regional Integrated Health Authority, [2015] N.J. No. 423, 2015 NLTD(G) 183, Newfoundland and Labrador Supreme ...
Administrative law – Decisions of administrative tribunals – Association of Social Workers – Licence to practice – Character evidence – Judicial review – Applications – Evidence – Procedural fairness – Standard of review – Reasonableness simpliciter Nowoselsky v. Saskatchewan Association of Social Workers, [2015] S.J. No. 678, 2015 SKQB 390, Saskatchewan Court of Queen’s Bench, ...