I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision

22. February 2022 0
Administrative law – Decisions reviewed – Law Societies – Bias – Judicial review application – Premature – Procedural requirements and fairness – Evidence – Jurisdiction – Legislative compliance – Hearings – Notice – Hearing de novo – Barristers and solicitors – Professional misconduct – Disciplinary proceedings Hemminger v. Law Society of British Columbia, [2022] B.C.J. ...

The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof

22. February 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...

Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias

25. January 2022 0
Administrative law – Decisions reviewed – Election commissioner – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Bias Rebel News Network Ltd. v. Alberta (Election Commissioner), [2021] A.J. No. 1541, 2021 ABCA 376, Alberta Court of Appeal, November 19, 2021, F.L. Schutz, M.G. Crighton and J. Strekaf JJ.A. This ...

Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner

25. January 2022 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Remedies – Certiorari – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming Sandhu v. British Columbia (Police Complaint Commissioner), [2021] B.C.J. No. 2688, 2021 BCSC 2424, British Columbia ...

Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license

21. December 2021 0
Administrative law – Decisions reviewed – Minister of Health – Permits and licences – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Canada RNA Biochemical Inc. v. Canada (Minister of Health), [2021] F.C.J. No. 1826, 2021 FCA 213, Federal Court of Appeal, November 2, 2021, D.J. Rennie, J.B. ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made

21. December 2021 0
Administrative law – Decisions reviewed – Business Risk Management Review Committee – Judicial review – Applications – Statutory interpretation – Legislation – Natural resources – Agriculture – Farm operations 2041219 Ontario Ltd. v. Business Risk Management Review Committee, [2021] O.J. No. 5968, 2021 ONSC 6696, Ontario Superior Court of Justice, October 21, 2021, L.G. Favreau, ...

There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy

21. December 2021 0
Administrative law – Decisions reviewed – Condominium Authority – Strata corporations – Jurisdiction of court – Judicial review – Applications – Premature – Jurisdiction – Alternative remedies Peel Standard Condominium Corp. No. 779 v. Rahman, [2021] O.J. No. 6105, 2021 ONSC 7113, Ontario Superior Court of Justice, October 28, 2021, F.B. Fitzpatrick, S.T. Bale and ...

Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness

16. November 2021 0
Administrative law – Decisions reviewed – University Appeal Board – University Committees – Jurisdiction – Suspension – Plagiarism – Judicial review – Appeals – Procedural requirements and fairness – Universities – Student discipline Akpan v. University of Saskatchewan Council, [2021] S.J. No. 407, 2021 SKCA 129, Saskatchewan Court of Appeal, September 29, 2021, P.A. Whitmore, ...