The Applicant Tenant (the “Tenant”) succeeded on an application for judicial review in respect of a decision made by one of the Residential Tenancy Office’s Dispute Resolution Officers (the “DRO”). The DRO had decided the Tenant was properly evicted for cause by the Respondent Landlord.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Eviction – Conduct of tenant – Illegal activities – Criminal charges – Evidence – admissibility – past conduct – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness Williams v. Holywell Properties, [2009] B.C.J. No. ...

The Court granted an application for judicial review of a decision of the Veterans Review and Appeal Board, which had declined, on reconsideration, not to re-open an appeal decision in respect of the Applicant’s application for a disability pension. The Court found that there were no facts to support the Board’s finding that the Applicant’s disability was connected to an old hockey injury, and that a finding that there was no “new evidence” was unreasonable.

23. March 2010 0
Administrative Law – Decisions of administrative tribunals – Veterans Review and Appeal Board – Disability – Pensions – Eligibility – Judicial review – Evidence – Fresh evidence – admissibility – Standard of review – Reasonableness simpliciter Armstrong v. Canada (Attorney General), [2010] F.C.J. No. 104, 2010 FC 91, Federal Court, January 27, 2010, Harrington J. ...

The College of Chiropractors of Ontario appealed a decision of the Divisional Court which had overturned a decision by a panel of the College’s Discipline Committee finding the Respondent Chiropractor guilty of professional misconduct of having sexually abused a patient, and revoking his certificate of registration pursuant to a zero-tolerance mandatory revocation provision in the Health Professions Procedural Code in situations where a member of a regulated health profession has sexual intercourse with a patient. The Court of Appeal found that the Divisional Court had erred in law by imposing on a discipline committee the obligation to enquire into whether the sexual relationship of the parties arose out of their spousal relationship or their doctor-patient relationship in order to determine whether there was sexual abuse. The Court of Appeal allowed the appeal, set aside the decision of the Divisional Court and restored the decision of the Discipline Committee.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Spousal relationship – Treating family members – Statutory provisions – Penalties and Suspensions – Judicial review – Compliance with legislation – Evidence Leering v. College of Chiropractors of Ontario, [2010] O.J. ...

The Court allowed an application by a physician to quash an interim order made by the Complaints Committee of the Respondent College, prohibiting him from performing anesthesia, except in a hospital under the supervision of a certified anesthetist. The Court allowed the application, finding that there was no evidence to support the opinion that the Applicant’s conduct exposed or was likely to expose his patients to harm or injury and, in the result, it was encumbant upon the Committee to give some explanation for rejecting all of the evidence that was contrary to its conclusion.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Liberman v. College of Physicians and Surgeons of Ontario, [2010] O.J. No. 227, 2010 ...

The application by a suspended police detective (“MacNeil”) was dismissed where the Court found that the material information supported the decision to confirm the suspension

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Criminal charges – Evidence – Disclosure – Hearings – Conduct of hearings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter MacNeil ...

A Registrar’s appeal from a decision of the License Appeal Tribunal (the “Tribunal”) was allowed where the Court found that the Tribunal had directed Unity-A-Automotive be registered as a motor vehicle dealer and Thangarajah be registered as a salesperson without addressing whether his past conduct provided reasonable grounds to believe he would act in accordance with the law and with honesty and integrity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review –  Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Motor Vehicle Dealers Act, Registrar) v. Unity-A-Automotive Inc., [2009] O.J. No. 5198, Ontario Superior Court of Justice, December 3, 2009, W.L. Whalen, M.R. ...

A woman (“Hudson”) who was denied a person with disabilities (“PWD”) designation within the meaning of section 2 of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41 (the “Act”) by the Employment and Assistance Appeal Tribunal, succeeded in having that determination set aside and the matter remitted back to a newly constituted Panel

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Employment and Assistance Appeal Tribunal – Employment law – Benefits – Judicial review – Failure to provide reasons – Evidence – Procedural requirements and fairness – Privative clauses – Standard of review – Correctness – Patent unreasonableness Hudson v. British Columbia (Employment and Assistance Appeal Tribunal), [2009] ...

The Applicant, Schroder, successfully sought judicial review of the Respondent Board’s decision to discontinue his disability benefits

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Policies – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Schroder v. Alberta (Workers’ Compensation Board), [2009] A.J. No. 1109, Alberta Court of Queen’s Bench, October 9, 2009, M.T. Moreau J. The Applicant Worker injured ...

The Federal Court of Appeal upheld a judicial review decision that set aside an adjudicator’s decision ordering the appellant’s reinstatement to his employment with the Correctional Service of Canada. While the reviewing court had erred in applying a standard of review of correctness to the adjudicator’s decision, the adjudicator’s decision was nonetheless unreasonable, in that he failed to properly apply the employer’s standards to the appellant’s conduct. Additionally, the adjudicator erred in his application of the arbitral jurisprudence in his characterization of the seriousness of the appellant’s offence, and by employing an empirical approach in determining whether the grievor’s conduct discredited the CSC.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Termination of employment – Code of discipline – Off-duty conduct – Judicial review – Adjudication – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Tobin v. Canada (Attorney General), [2009] F.C.J. No. 968, Federal Court ...

The Federal Court allowed an application by a group of federal employees for judicial review of a decision of the Public Service Staffing Tribunal, which had dismissed complaints of abuse of authority that had been filed by the applicants. The Court found that the Tribunal had failed to properly consider the evidence before it and that its decision was unreasonable.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Abuse of public authority – Employment law – Appointment – Competition for employment – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Evidence – Standard of review – Reasonableness simpliciter Brown v. Canada (Attorney General), [2009] F.C.J. No. 943, ...