When faced with a multi-pronged test, a tribunal must not rely on a broad-brush approach, but must engage in a thorough analysis of the entire test, reviewing all the evidence before it

15. May 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Disclosure of records – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness Plenary Group (Canada) Ltd. v. British Columbia (Minister of Technology, Innovation and Citizens’ Services), [2018] B.C.J. No. 506, 2018 BCSC 444, British Columbia Supreme Court, March 20, 2018, D.W. ...

Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records

15. August 2017 0
The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on the basis that the Federal Court refused to hear evidence regarding the government institution’s late assertion of a mandatory exemption for the production of the requested records. The Federal Court of Appeal ...

Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable

15. May 2017 0
Application for judicial review of order requiring disclosure of contract between financial institution and university. Administrative Law – Compliance with legislation – Decisions reviewed – Disclosure of records – Freedom of information and protection of privacy – Judicial Review – Privacy Commissioner – Reasonableness – Standard of Review Toronto-Dominion Bank v. Ryerson University, [2017] O.J. ...

Court upholds arbitrator’s eviction decision on judicial review following tenant’s failure to comply with material terms of rental agreement

17. February 2017 0
The petitioner sought judicial review of a Residential Tenancy Branch decision to dismiss her application to cancel an eviction notice served by her landlord pursuant to s. 47(1)(h) of the Residential Tenancy Act, S.B.C. 2002 c. 78 (the “RTA”). Section 47(1)(h) of the RTA permits a landlord to end a tenancy if the tenant has: ...

Privacy Commissioner’s decision to order disclosure was unreasonable as it did not take into account solicitor-client privilege

17. January 2017 0
Freedom of information legislation that required a public body to produce records to the Information and Privacy Commissioner “despite…any privilege of the law of evidence” was not sufficiently clear and precise to set aside or permit an infringement of solicitor-client privilege. Administrative law – Compliance with legislation – Correctness – Decisions of administrative tribunals – ...

The Information and Privacy Commissioner appealed the respondent’s determination that certain documents should not be released pursuant to a request for access to information on the basis the documents were privileged

23. February 2016 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Solicitor-client privilege – Judicial review – Privileged communications Newfoundland and Labrador (Information and Privacy Commissioner) v. Eastern Regional Integrated Health Authority, [2015] N.J. No. 423, 2015 NLTD(G) 183, Newfoundland and Labrador Supreme ...

A privacy commissioner adjudicator ordered the Calgary Police Service to stop disclosing more information than was necessary when providing collision reports to members of the public who had been involved in traffic accidents. On judicial review, the Police Service was unsuccessful in having the adjudicator’s decision quashed.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Parties – Standing – Standard of review – Reasonableness simpliciter Calgary (City) Police Service v. Alberta (Information and Privacy Commissioner), [2014] A.J. No. 1470, 2014 ABQB ...

Motion by Associate Chief Justice Douglas for stay of Canadian Judicial Council’s evidentiary decision pending judicial review

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Judicial Council – Judges – Professional governance and discipline – Investigations – Public interest – Judicial review – Stay of proceedings – interlocutory – Disclosure of records – Evidence – admissibility Douglas v. Canada (Attorney General), [2014] F.C.J. No. 1149, 2014 FC 1115, Federal Court, November ...

An Applicant sought judicial review of a decision by the Complaints Committee of the Respondent Association of Professional Engineers of Ontario not to refer his complaint to its Discipline Committee. The Applicant further filed a motion for production of all documents related to the investigation of the Applicant’s complaint, the proceedings before the COC, and the decision of the COC. The Court dismissed the application for production, finding that the decision of the COC not to deal with a complaint was an exercise of discretion authorized by statute, falling outside of the definition of a statutory power of decision. Given the nature of the screening out decision, the requirement for producing the record of proceedings as framed by the Applicant was overly broad at this stage in the proceedings.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Investigations – Judicial review – Disclosure of records Harrison v. Assn. of Professional Engineers of Ontario, [2014] O.J. No. 5382, 2014 ONSC 6549, Ontario Superior Court of Justice, November 12, 2014, R. Beaudoin J. The Applicant ...

The Appellant federal public service employee unsuccessfully appealed a decision of the Federal Court of Canada relating to the Respondent federal public service disclosing her home contact information to the Respondent union representing her bargaining interests.

25. March 2014 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Charter of Rights and Freedoms – Judicial review – Standard of review – Reasonableness simpliciter – Costs Bernard v. Canada (Attorney ...