ONCA concludes Racing Commission panel made reasonable factual findings available to it on the evidentiary record

16. January 2018 0
Administrative law – Decisions reviewed – Racing Commission – Appeal – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Failure to provide reasons Brooks v. Ontario (Racing Commission), [2017] O.J. No. 5664, 2017 ONCA 833, Ontario Court of Appeal, November 1, 2017, J.L. MacFarland, C.W. Hourigan and G.I. Pardu JJ.A. The ...

Ontario court finds Toronto Soccer Association and Ontario Soccer Association breached standard of fairness by failing to give adequate notice of the infractions at issue and the sanctions that could be faced in dispute over player ages

16. January 2018 0
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...

SKCA upholds Labour Relations Board decision that complainant under the repealed OHS Act could release an employer with respect to any past wrongdoing that is personal to the complainant

20. December 2017 0
Appeal from decision of Saskatchewan Labour Relations Board regarding whether a complainant under employment legislation could release an employer with respect to wrongdoing that occurred in the past and is personal to the complainant rather than systemic in nature. Administrative law – Decisions reviewed – Labour and employment boards – Appeals – Employment – Termination ...

ABCA concludes Arbitrator’s decision that ongoing placement restrictions were justified by testamentary risk unreasonable

20. December 2017 0
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...

FCA affirms trial judge’s decision where it overturned RCMP Commission refusal to order a new hearing in disciplinary proceeding because it concluded the outcome was legally inevitable

20. December 2017 0
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable.  The Court of Appeal affirmed the trial judge’s decision.  The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...

Claim for compensation for occupational silicosis returned to WCAT for redetermination with regard to the disease and the compensation

22. November 2017 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review – Appeals – Standard of review – Patent unreasonableness – Workers compensation – Occupational disease Workers compensation Goik v. British Columbia (Workers’ Compensation Appeal Tribunal), [2017] B.C.J. No. 1949, 2017 BCSC 1756, British Columbia Supreme Court, September 29, 2017, J.E. Watchuk J. (In ...

Community Outreach Pharmacy Ltd. successful on an application for production of documents by the BC Minister of Health

22. November 2017 0
Administrative law – Decisions reviewed – Minister of Health – Judicial review – Practice and procedure – Discovery – Professions – Pharmacists – PharmaCare Enrollment Agreement – Access to information – Production of records Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2017] B.C.J. No. 1836, 2017 BCSC 1634, British Columbia Supreme Court, ...

College member obtains a stay of a decision of the College Registrar revoking her certificate of registration

22. November 2017 0
Administrative law – Decisions reviewed – College of Psychotherapists – Judicial review – Procedural requirements and fairness – Natural justice – Permits and licences – Revocation – Psychotherapists – Professional misconduct or conduct unbecoming – Notice of complaint Haramic v. College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (Registrar), [2017] O.J. No. ...