Government employee attacks internal hiring decision without success

17. August 2021 0
Administrative law – Decisions reviewed – Labour and employment boards – Bias – Judicial review applications – Appeals – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Employment law – Appointment Gulia v. Canada (Attorney General), [2021] F.C.J. No. 522, 2021 FCA 106, Federal Court of Appeal, June ...

Court upholds penalties for a City Councillor who sexually harassed a colleague

17. August 2021 0
Administrative law – Decisions reviewed – Municipal Council – Integrity Commissioner – Judicial review application – Disclosure – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness – Professional governance and discipline – Professional misconduct / conduct unbecoming – Code of conduct – Municipalities – Discipline of officials ...

Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice

20. July 2021 0
Administrative law – Decisions reviewed – Association of Architects – Judicial review – Procedural requirements and fairness – Natural justice – Appeals – Architects – Reporting requirements Sbrissa v. Ontario Association of Architects, [2021] O.J. No. 1510, 2021 ONSC 2087, Ontario Superior Court of Justice, March 23, 2021, C.T. Hackland, M.A. Penny and L.G. Favreau ...

It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis

20. July 2021 0
Administrative law – Decisions reviewed – Hospital Appeal Board – Judicial review – Standard of review – Patent unreasonableness – Physicians – Hospital privileges Provincial Health Services Authority v. Campbell, [2021] B.C.J. No. 943, 2021 BCSC 823, British Columbia Supreme Court, April 30, 2021, N.P. Kent J. The petitioner, the Provincial Health Services Authority, is ...

Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone

Administrative law – Decisions reviewed – Police Complaint Commission – Judicial review application – Premature – Bias – Delay – Procedural requirements and fairness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Grimsmo v. Jones, [2021] B.C.J. No. 637, 2021 BCSC 575, British Columbia Supreme Court, March 30, 2021, W.A. Baker J. ...

Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...

Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied

18. May 2021 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeal – Standard of review – Reasonableness – Remedies – Mandamus – Barristers and solicitors – Professional misconduct – Fees Party A v. Law Society of British Columbia, [2021] B.C.J. No. 600, 2021 BCCA 130, British Columbia Court of Appeal, March 29, 2021, ...

Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression

20. April 2021 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons – Health authorities Beaudoin v. British Columbia, [2021] B.C.J. No. 551, ...

Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...