The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The applicant Ukrainian Museum was denied its application to stay or quash the proceedings before the respondent Human Rights Commission as the application was premature

26. June 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Unreasonable delay – Test – Judicial review – Delay – Judicial review application – Striking out – Premature Ukrainian Museum of the Ukrainian v. Saskatchewan (Human Rights Commission), [2010] S.J. No. 256, 2010 SKQB 162, Saskatchewan Court of Queen’s Bench, April ...

The physician, Dr. Deep unsuccessfully brought an application for judicial review in respect of a decision of the respondent Ministry made in the year 2000. The application was dismissed due to undue delay.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Health Insurance Plan – Physicians and surgeons – Billing matters – Judicial review – Delay Deep v. Ontario, [2010] O.J. No. 1938, 2010 ONSC 2102, Ontario Superior Court of Justice, April 29, 2010, S.E. Greer, A.M. Molloy, and J. Mackinnon JJ. The applicant physician, Dr. Deep, brought ...

The Ontario Superior Court of Justice quashed an application for judicial review of a preliminary determination to proceed with a disciplinary hearing, on the grounds that such an application was premature

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Police – Investigations – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Delay – Failure to provide reasons – Judicial review application – Premature Ackerman v. Ontario (Provincial Police), [2010] O.J. No. 738, 2010 ONSC 910, Ontario Superior Court of Justice, February 11, ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

The Applicant accountant (“Kawula”) unsuccessfully brought an application for judicial review in respect of the Respondent Institute’s decision to proceed with a hearing regarding her conduct

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Competence – Judicial review – Stay of proceedings – Limitations – Procedural requirements and fairness – Natural justice – Delay – Jurisdiction to hear a complaint – Judicial review application – Striking out – Premature ...

The Appellant, Child and Family All Nations Coordinated Response Network, unsuccessfully appealed a decision holding that its failure to abide by timelines set out in the Child Abuse Regulation, Man. Reg. 14/99 rendered its decision a nullity

24. November 2009 0
Administrative law – Child abuse registers – Judicial review – Delay – Compliance with legislation – Limitations B.W. v. Child and Family All Nations Coordinated Response Network, [2009] M.J. No. 332, 2009 MBCA 95, Manitoba Court of Appeal, September 25, 2009, R.J. Scott C.J.M., B.M. Hamilton, and M.H. Freedman JJ.A. The Winnipeg Children’s Hospital referred ...

The Appellant, Farbeh, unsuccessfully appealed a decision made by the College of Pharmacists of British Columbia imposing a temporary suspension from practice

22. September 2009 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Inquiry committee decisions – Pharmacists – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Delay – Investigative bodies – Role Farbeh v. College of Pharmacists of British Columbia, ...

The appeal by the Law Society of Upper Canada from a decision setting aside a finding of professional misconduct and the imposition of disbarment of a lawyer (“Igbinosun”) was dismissed where the Court found that the Hearing Panel had denied Igbinosun natural justice by refusing to adjourn proceedings to permit counsel to attend

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Delay – Stay of proceedings Igbinosun v. Law Society of ...

The application by a widow of a deceased worker for judicial review of the Workers’ Compensation Board’s decision refusing to set aside an amount payable to the widow under s. 83(5) of the Workers’ Compensation Act was dismissed for delay

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Judicial review – Delay Holowachuk v. Saskatchewan (Workers’ Compensation Board), [2009] S.J. No. 109, Saskatchewan Court of Queen’s Bench, February 12, 2009, R.C. Mills J. A widow (“Holowachuk”) applied for judicial review of the Board’s decision refusing to ...