Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...

The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review

19. October 2021 0
Administrative law – Decisions reviewed – Pension Appeals Board – Judicial review application – Jurisdiction – Issue estoppel – Workers compensation – Pension benefits Chartrand v. Healthcare of Ontario Pension Plan (HOOPP), [2021] O.J. No. 4550, 2021 ONSC 5840, Ontario Superior Court of Justice Divisional Court, September 2, 2021, K.E. Swinton J. The applicant, Joan ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch

19. October 2021 0
Administrative law – Decisions reviewed – Residential Tenancy office – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness Shahcheraghi v. Divangahi, [2021] B.C.J. No. 1760, 2021 BCSC 1576, British Columbia Supreme Court, August 13, 2021, K. Horsman J. The landlord/petitioner sought a ...

Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory

19. October 2021 0
Administrative law – Decisions reviewed – Municipal Board – By-laws – Planning and zoning – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness E.Z. Automotive Ltd. v. Regina (City), [2021] S.J. No. 328, 2021 SKCA 109, Saskatchewan Court of Appeal, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. ...

That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

Reviewable Decisions – The conundrum of determining whether a decision is subject to judicial review

21. September 2021 0
Administrative law – Decisions reviewed – Conflict of Interest and Ethics Commissioner – Judicial review application – Availability – Investigation Democracy Watch v. Canada (Attorney General), [2021] F.C.J. No. 683, 2021 FCA 133, Federal Court of Appeal, July 5, 2021, Y. de Montigny, M. Rivoalen and G.R. Locke JJ.A. Relevant Facts This Federal Court of ...

Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation

21. September 2021 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review applications – Appeals – Standard of review – Reasonableness – Compliance with legislation – Discretion of delegated authority – Workers compensation – Benefits Smith v. Manitoba (Appeal Commission), [2021] M.J. No. 211, 2021 MBQB 149, Manitoba Court of Queen’s Bench, June 25, 2021, ...

College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety

21. September 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness – Physicians and surgeons – Governance – Competence Sandhu v College of Physicians and Surgeons of Alberta, [2021] A.J. No. 883, 2021 ABQB 494, Alberta Court of ...

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 ...