Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

Appeal to the Newfoundland and Labrador Supreme Court from a decision of the Eastern Newfoundland Regional Appeal Board upholding the grant of a conditional development permit by the City of Mount Pearl

19. November 2015 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Building permits – Judicial review – Jurisdiction – Conflict of interest – Bias – Failure to provide reasons Faulkner v. Newfoundland and Labrador (Eastern Newfoundland Regional Appeal Board), [2015] N.J. No. 301, 2015 NLTD(G) 118, Newfoundland and Labrador ...

Appeal from decision of Licence Appeal Tribunal to revoke liquor licence of strip club operated by Hells Angels member

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Alcohol and Gaming Commission – Permits and licences – Revocation – Judicial review – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter – Failure to provide reasons 751809 Ontario Inc. (c.o.b. Famous Flesh Gordon’s) v. Ontario (Registrar, Alcohol and ...

The Applicant (Mr. Plotkine) unsuccessfully sought leave to appeal a decision of the Ontario Municipal Board. The Board had permitted 10 variances for the Respondent neighbours (Allan and Susan Seidenfeld) to build a home that did not comply with the building code.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Variance orders – Judicial review – Appeals – Parties – Standing – Failure to provide reasons – Evidence Plotkine v Seidenfeld, [2014] O.J. No. 3375, 2014 ONSC 4157, Ontario Superior Court of Justice, July 16, 2014, T.R. Lederer ...

Court remitted an arbitrator’s decision regarding a dispute of transfer of fishing licences to be heard by a different arbitrator

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration and award – Interpretation of contract – Fisheries – Licences – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Failure to provide reasons Layman Estate v. Layman, [2014] N.J. No. 181, 2014 NLTD(G) 66, Newfoundland and Labrador Supreme Court, June 20, 2014, ...

Appeal from a decision of Winnipeg Taxicab Board refusing to reinstate licence on the basis of hearsay evidence and opinion evidence as to credibility

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Taxi licence appeal board – Permits and licences – Investigations – Judicial review – Hearsay Evidence – admissibility – Credibility – Natural justice – Failure to provide reasons Gidda v. Taxicab Board, [2014] M.J. No. 160, 2014 MBCA 58, Manitoba Court of Appeal, June 6, 2014, H.C. ...

Application for judicial review of decision of Professional Conduct Tribunal of Certified General Accountants’ Association of Ontario convicting the applicant of professional misconduct

Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Investigations – Judicial review – Natural justice – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Judicial review application – Premature – Remedies – Alternative remedies Voudouris v. Certified General Accountants’ Assn. of Ontario, [2014] ...

The Court dismissed the application of judicial review of an employee of the Canada Border Services Agency (the “CBSA”), of a decision of an appeals officer of the occupational Health and Safety Tribunal Canada (the “Tribunal”), who concluded that there was no “danger” within the meaning of the Canada Labour Code, RSC 1985, c.L-2 (the “Code”) justifying the employee’s refusal to work. This was the second application for judicial review resulting from the refusal to work, with the first application being allowed, with the matter referred back to the appeals officer to “complete her analysis in accordance with the reasons of the judgment”. The Court found no breach of procedural fairness in the appeals officer declining the request to hold a hearing following the first judgment of the Court and before making her second decision. The Court also found the decision reasonable, finding that the appeals officer’s decision fell within the range of acceptable and rational solutions. The decision had the qualities of reasonableness, in that the decision-making process was justifiable, transparent and intelligible.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Tribunal – Labour law – Working conditions – Judicial review – Appeals – Failure to provide reasons – Procedural requirements and fairness Laroche v. Canada (Attorney General), [2013] F.C.J. No. 859, 2013 FC 797, Federal Court , July 18, 2013, Roy J. This was ...

A lawyer was found by the Law Society Appeal Panel to have committed 43 particulars of professional misconduct in relation to 11 clients over a six year period. The penalty imposed on the lawyer, who had a mixed personality disorder with no clear prognosis, was the surrendering of her license with terms. The penalty was appealed to the Ontario Court of Justice but dismissed.

Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Competence – Public interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Failure to provide reasons Bharadwaj v. Law Society of Upper Canada, [2013] O.J. No. 3252, 2013 ONSC 4329, Ontario Superior Court of ...

Application to Court of Queen’s Bench from municipal zoning decision for an order compelling the municipality to provide written reasons for its decision.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation Eagle’s Nest Youth Ranch Inc. v. Corman Park (Rural Municipality, No. 344), [2013] S.J. No. 354, 2013 SKQB 218, Saskatchewan Court of ...