Court upholds penalties for a City Councillor who sexually harassed a colleague

17. August 2021 0
Administrative law – Decisions reviewed – Municipal Council – Integrity Commissioner – Judicial review application – Disclosure – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness – Professional governance and discipline – Professional misconduct / conduct unbecoming – Code of conduct – Municipalities – Discipline of officials ...

City ordered to produce redacted legal invoices from collective bargaining process on a freedom of information request

20. October 2020 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Disclosure – Exceptions – Judicial review – Legislative compliance – Standard of review – Reasonableness – Municipalities – Statutory interpretation Brockville (City) v. Ontario (Information and Privacy Commissioner), [2020] O.J. No. 3160, ...

The OIPC unreasonably balanced privacy of the individuals over appropriate sharing and access of health information to respond to complaints

15. October 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Judicial review – Appeals – Legislative compliance – Fresh evidence – Standard of review – Reasonableness – Freedom of information and protection of privacy – Disclosure Gowrishankar v. J.K., [2019] A.J. No. 1167, 2019 ABCA 316, Alberta Court of Appeal, August 30, 2019, B.K. ...

BC Supreme Court overturns Privacy Commissioner decision that records containing the total legal costs of ongoing litigation were producible on the basis that the presumption of privilege had been rebutted

17. September 2019 0
A litigant’s records with respect to total legal costs amid ongoing litigation are presumptively privileged and not disclosable under section 56 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996. The presumption is rebuttable upon the party requesting the information showing that an assiduous inquirer could not deduce, infer, or otherwise acquire ...

An application for information from exempted records – not for the records – is not a valid application for access to information

19. March 2019 0
Administrative law – Decisions reviewed – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Judicial review – Appeals – Jurisdiction Raymond v. Nova Scotia (Information and Privacy Commissioner), [2019] N.S.J. No. 7, 2019 NSCA 1, Nova Scotia Court of Appeal, January 11, 2019, P. Bryson, E. Van den Eynden and A.S. ...

Sanctions against basketball coaches were set aside after an unfair disciplinary hearing

The Applicants, three volunteer basketball coaches, were sanctioned by the Respondent, the Ontario Association of Basketball Officials (“OABO”). The sanctions were imposed because of the Applicants’ treatment of officials after a high school basketball game. The Applicants succeeded in having the OABO’s decision set aside on this application for judicial review. Administrative law – Association ...

The Alberta Court of Appeal allowed an appeal made by a veterinarian from a regulatory order suspending his licence and requiring him to attend addictions treatment on the basis that he was denied procedural fairness

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Competence – Licence to practice – Suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Notice – Disclosure Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 1398, 2015 ABCA 396, Alberta Court of Appeal, ...

The plaintiff, a Board member of the BCMA, distributed private information from Board meetings to non-Board members. At a subsequent Board meeting, allegations were made against the plaintiff regarding her alleged breach of confidentiality provisions in the Code of Conduct and the matter was passed onto a Code of Conduct committee for investigation. The president of the BCMA then sent a letter out to all members notifying them of the investigation into the alleged breach of the Code. The plaintiff sued the BCMA for defamation on the basis of this letter and other communications. The trial judge and Court of Appeal agreed that the letter was defamatory, but that it was made on an occasion of qualified privilege. The Board had a duty to inform the membership of such an issue.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Code of conduct – Defamation – Judicial review – Disclosure – Qualified privilege Wang v. British Columbia Medical Assn., [2014] B.C.J. No. 833, 2014 BCCA 162, British Columbia Court of Appeal, April 30, 2014, I.T. Donald, M.V. ...

The Applicant Optometrist was unsuccessful in seeking judicial review of the Respondent College’s decision not to disclose an expert opinion to him before deciding to refer a complaint to its hearing committee

Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Professional governance and discipline – Disciplinary proceedings – Competence – Hearings – Disclosure – Evidence – Judicial review – Investigations – Procedural requirements and fairness Levesque v. Nova Scotia College of Optometrists, [2014] N.S.J. No. 28, 2014 NSSC 22, Nova Scotia ...

Court of Appeal overturned the decision of a chambers judge and upheld a decision of the BC Human Rights Tribunal awarding a mentally disabled appellant damages for discrimination in tenancy. The appellant had purchased a motor home and the respondent had refused to rent the pad on which the home was located and refused to consent to the vendors’ lease to the appellant.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Landlord and tenant – Leases – Human rights complaints – Disability – Discrimination – Judicial review – Privileged communications – Disclosure – Evidence – admissibility – Judicial notice Silver Campsites Ltd. v. James, [2013] B.C.J. No. 1302, 2013 BCCA 292, British Columbia Court ...