Two students successfully sought judicial review for a decision made by the University of Calgary’s General Faculties Council Review Committee (“Review Committee”) that placed the applicants, twin brothers and undergraduate students at the University of Calgary (the “University”), on probation for non-academic misconduct for posting negative comments on Facebook about a professor. The Court found that the applicants s. 2(b) Charter rights to free expression were infringed by the decision and not justified under s. 1 of the Charter. The Court further found that the Review Committee’s reasons were inadequate as they did not disclose the rational for its decision but simply stated a conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Charter of Rights and Freedoms – Freedom of expression – Internet – Social media – Judicial review – Failure to provide reasons Pridgen v. University of Calgary, [2010] A.J. No. 1181, 2010 ABQB 644, Alberta Court of Queen’s Bench, ...

The appellant, a psychologist, successfully appealed a decision of two counts of unprofessional conduct on the basis that the reasons provided in the prior appeal decision were inadequate. Not only were the reasons void of any explanation for the findings of professional conduct, but there was no line of analysis within the reasons that could have reasonably led to the ultimate conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Investigations – Evidence – Failure to provide reasons Sussman v. College of Alberta Psychologists, [2010] A.J. No. 1157, 2010 ABCA 300, Alberta Court of Appeal, October 13, 2010, J.E.L. ...

A notary unsuccessfully applied for judicial review of a decision terminating his membership in the Society of Notaries Public of British Columbia after he was found to have engaged in practice outside of his jurisdiction

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Society of Notaries – Notaries – Disciplinary proceedings – Practice outside of jurisdiction – Penalties and Suspensions – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Evidence – Sufficient notice – Failure to provide reasons Evans v. Society of Notaries ...

The applicant suffers from a learning disability and alleged that Mount Saint Vincent University failed to provide her with adequate accommodations during an examination. The Human Rights Commission declined to refer the case to the Board of Inquiry and terminated the complaint. The application for judicial review was dismissed.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Students with special educational needs – Universities – Students – Judicial review – Procedural requirements and fairness – Failure to provide reasons Green v. Nova Scotia (Human Rights Commission), [2010] N.S.J. No. 350, ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...

The Ontario Superior Court of Justice quashed an application for judicial review of a preliminary determination to proceed with a disciplinary hearing, on the grounds that such an application was premature

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Police – Investigations – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Delay – Failure to provide reasons – Judicial review application – Premature Ackerman v. Ontario (Provincial Police), [2010] O.J. No. 738, 2010 ONSC 910, Ontario Superior Court of Justice, February 11, ...

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 Appellant Engineer, and his engineering firm, appealed the decision of the Respondent regulatory body’s discipline committee, which found that the Appellants engaged in unprofessional conduct

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Evidence – Failure to provide reasons Assn. of Professional Engineers of Ontario v. Caskanette, [2009] O.J. No. ...

The Appellant, Farbeh, unsuccessfully appealed a decision made by the College of Pharmacists of British Columbia imposing a temporary suspension from practice

22. September 2009 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Inquiry committee decisions – Pharmacists – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Delay – Investigative bodies – Role Farbeh v. College of Pharmacists of British Columbia, ...