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.

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

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.

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

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

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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

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

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 ...

The Court allowed an application by the Province for judicial review of a decision of the Human Rights Commission, which had found that there was a prima facie case of discrimination in a matter concerning an autistic adult and the treatment and care provided to him. The Court found that there were numerous violations of procedural fairness, including the Commission’s failure to review evidence when it concluded that the adult was not adequately accommodated by the services he received, failing to address the appropriate question and not performing a comparative analysis, broadening the complaint without advising the applicant, and allowing a delay of 68 months which was excessive and amounted to an abuse of process.

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Disability – Duty to accommodate – Judicial review – Delay – Procedural requirements and fairness – Abuse of process – Standard of review – Correctness New Brunswick (Department of Social Development) v. New Brunswick Human Rights Commission, [2009] N.B.J. No. 45, ...

The Appellant family physician appealed the Respondent College’s disciplinary decision. The College’s decision was upheld except with respect to the penalty imposed against him.

Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...