The Appellant police officer, Mr. Spinks, successfully appealed the decision of the Law Enforcement Review Board, which had overturned a decision of the Superintendent of Police. The Superintendent had acquitted Mr. Spinks of Discreditable Conduct in relation to information he disclosed during a child abuse investigation.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Disclosure – Evidence – Failure to provide reasons Spinks v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 593, 2011 ABCA 162, Alberta Court of Appeal, May 27, ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

An application for production of documents from a decision maker in the context of a judicial review application is denied

22. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

Personal emails sent by a City employee at his workplace were not held subject to freedom of information legislation and thus disclosed to members of the public. In this case the City of Ottawa was not required to disclose personal emails sent by its solicitor to the respondent because the City’s solicitor’s personal emails had nothing to do with his work for the City.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Electronic records Ottawa (City) v. Ontario (Information and Privacy Commissioner), [2010] O.J. No. 5502, 2010 ONSC 6835, Ontario Superior Court of Justice, December 13, 2010, J.R.R. Jennings, A.M. Molloy and P.A. ...

The Appellant (Celgene Corporation) unsuccessfully appealed a decision of the Respondent (the Patented Medicine Prices Review Board), which had decided it possessed the authority to require Celgene to provide certain pricing information

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Patented Medicine Prices Review Board – Consumer protection – Intellectual property – Patents – Legislation – Statutory interpretation – Judicial review – Compliance with legislation – Disclosure – Jurisdiction – Standard of review – Correctness Celgene Corp. v. Canada (Attorney General), [2011] S.C.J. No. 1, 2011 SCC ...

The applicant (Aurora College) successfully applied to quash the decision of an adjudicator established under the Human Rights Act. The adjudicator had ordered that an investigative report be disclosed to her.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Adjudications – Human rights complaints – Discrimination – Judicial review – Disclosure – Relevance of information disclosed – Compliance with legislation – Standard of review – Correctness – Inquiries vs. adjudications Aurora College v. Niziol, [2010] N.W.T.J. No. 86, 2010 NWTSC 87, Northwest ...

The appeal by an investment dealer (“Golden Capital”) from a British Columbia Securities Commission (the “Commission”) decision finding the dealer’s self-regulatory organization was entitled to full access to its records for the purpose of an investigation was allowed when the Court found that the Commission lost sight of the true question which was whether or not full access was reasonably required for the investigation of the allegations against the dealer

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Rules and by-laws – Stock brokers – Disciplinary proceedings – Judicial review – Investigations – Compliance with legislation – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter Golden Capital Securities Ltd. v. Investment Industry Regulatory Organization of Canada, [2010] ...

The B.C. Freedom of Information and Privacy Assn. (“FIPA”) applied, unsuccesfully, under the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241 (“JRPA”) for review of a decision of the Information and Privacy Commissioner of British Columbia (“adjudicator”) withholding disclosure of stakeholder submissions concerning potential amendments to the Freedom of Information and Protection of Privacy Act (the “Act”)

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure – Submissions – Public bodies – Judicial review – Standard of review – Reasonableness simpliciter B.C. Freedom of Information and Privacy Assn. v. British Columbia (Information and Privacy Commissioner), [2010] B.C.J. No. 1628, British Columbia ...

The Applicant, Mr. Khadr, successfully sought judicial review of the decision, made by the Respondent, Canada, not to seek his repatriation from Cuba and its decision to send a diplomatic note to the government of the United States

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Criminal matters – Out of jurisdiction treatment – Extradition and repatriation – Charter of Rights and Freedoms – Life, liberty or security of the person – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Disclosure – Remedies – Mandamus ...

The Applicant (“Mymryk”) successfully brought an application for judicial review in respect of the Appeal Division’s decision, which affirmed the Parole Board’s decision denying him parole based, in part, on reports that were not disclosed to him

24. August 2010 0
Administrative law – Prisons – National Parole Board hearings – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Disclosure Mymryk v. Canada (Attorney General), [2010] F.C.J. No. 779, 2010 FC 632, Federal Court, June 10, 2010, Martineau J. Mymryk, the applicant, served a life sentence for first degree ...