Canadian Human Rights Commission’s finding that bank employee had been accommodated is unreasonable

The Applicant, Ms. Morand, applied for judicial review of the Canadian Human Rights Commission’s decision dismissing her complaint.  The complaint alleged the Respondent (the Bank of Nova Scotia) discriminated against Ms. Morand on the basis of a disability.  The Court held the Commission’s decision was unreasonable and allowed the application for review. Administrative law – ...

Court declined to exercise its discretion to extend the deadline for filing an application for judicial review

26. August 2016 0
An application for judicial review of a Board of Examiners in Psychology’s decision was dismissed for being brought out of time, as the applicant had the Board’s full decision and did not file the application by the deadline to file. Administrative law – Board of Examiners of Psychologists – Competence – Decisions of administrative tribunals ...

Workers’ Compensation Board’s decision to deny benefits quashed when Board failed to include appropriate specialists on a Medical Review Panel

The Workers’ Compensation Board (the “Board”) appealed a decision of a chambers judge to the Saskatchewan Court of Appeal, as the chambers judge had quashed the Board’s decision to deny benefits and ordered a new medical review panel (“MRP”) in favour of a worker who sought compensation for a workplace accident. The appeal was ultimately ...

Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

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 ...

Judicial review may not be utilized where an adequate alternative remedy, such as a statutory right of appeal, has not been exhausted prior to judicial review proceedings being taken

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...

A lawyer (“Peet”) was found guilty of conduct unbecoming by a Hearing Committee of the Law Society of Saskatchewan (“Law Society”) for failing to service two clients in a diligent manner and for failing to reply promptly to Law Society communications. A suspension of 30 days and costs of $16,216.80 were issued as a penalty against Peet. Peet had previously been found guilty of disciplinary offences before the Law Society in 1999, 2002, 2004 and 2008.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Charter of Rights and Freedoms – Barristers and solicitors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Abuse of process – Public interest – Delay – Standard of review – Reasonableness simpliciterr of Rights and ...

A decision to dismiss Requests for Hearing that had been outstanding for 15 years before the Health Services Appeal and Review Board (the “Board”) to determine whether the licence for an independent health facility ought to be amended to add back the ability to perform vascular ultrasounds, was upheld on a statutory appeal

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Administrative courts – Statutory powers – Permits and licences – Judicial review – Abuse of process – Mootness – Delay – Standard of review – Reasonableness simpliciter B.S.A. Diagnostics Ltd. v. Ontario (Attorney General), [2014] O.J. No. 5035, 2014 ONSC ...

Appeal from a judgment overturning decision of BC Human Rights Tribunal to allow a late filed complaint in the public interest

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Application – Premature – Delay – Public interest – Standard of review – Patent unreasonableness British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, [2014] B.C.J. No. 1122, 2014 BCCA 220, British ...

Appeal by Workers’ Compensation Board from a decision overturning a decision of the Workers’ Compensation Board Appeals Commission regarding reduction of temporary total disability benefits on the basis of employability

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Temporary total disability – Judicial review – Standard of review – Reasonableness simpliciter – Delay Patrus v. Alberta (Workers’ Compensation Board), [2014] A.J. No. 315, 2014 ABCA 117, Alberta Court of Appeal, April 1, 2014, P.W.L. Martin and ...