Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

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 ...

Supreme Court ordered a new hearing based on Workers’ Compensation Appeal Tribunal’s patently unreasonable findings of fact

21. April 2016 0
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. ...

Medical Services Commission’s Audit Panel’s refusal to receive affidavit evidence of the appellant podiatrist was a breach of its common law duty of procedural fairness

21. April 2016 0
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 ...

A massage therapist will have a new hearing as a result of Discipline Committee’s errors in credibility assessment in sexual abuse complaint

21. April 2016 0
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 ...

The petitioner, a pharmacy, in a judicial review petition for an interlocutory injunction, sought two orders in the nature of certiorari quashing the decision of the Ministry of Health: (i) that the petitioner owes $1,392,405.85 to the Province of BC and (ii) to refuse to enroll the pharmacy in the PharmaCare program pursuant to the Pharmaceutical Services Act (“PSA”)

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, ...

The Alberta Court of Appeal allowed an appeal made by a veterinarian from a regulatory order suspending his licence and requiring him to attend addictions treatment on the basis that he was denied procedural fairness

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, ...

Examination and experience standards used by professional association admitting foreign graduates were not found discriminatory

21. March 2016 0
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 ...

Pharmacists are not allowed to use customer incentive programs

21. March 2016 0
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 ...

The Information and Privacy Commissioner appealed the respondent’s determination that certain documents should not be released pursuant to a request for access to information on the basis the documents were privileged

23. February 2016 0
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 ...

The applicant/appellant sought judicial review of a decision of the Council of the Saskatchewan Association of Social Workers affirming a decision to deny his application to be registered as a social worker in that province

23. February 2016 0
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, ...