Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available

19. January 2021 0
Ontario Superior Court of Justice upholds horse racing appeal panel decision not to waive a violation of the rules of thoroughbred racing because the applicant had not administered a banned substance to his horse, the detection of which resulted in the rule violation. Administrative law – Decisions reviewed – Horse Racing – Judicial review application ...

Reasonableness and processes related to the home statute

17. December 2019 0
Administrative law – Decisions reviewed – Utility and Review Board – Statutory interpretation – Judicial review – Procedural requirements and fairness – Jurisdiction – Appeals – Standard of review – Reasonableness – Government – Municipal boards Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), [2019] N.S.J. No. 420, 2019 NSCA 77, Nova Scotia Court ...

Court determined that email chains that did not include the clients’ lawyers, but wherein the clients discussed the lawyers’ privileged opinions and work products, were protected by solicitor-client privilege

18. June 2019 0
Administrative law – Judicial review – Applications – Freedom of information and protection of privacy – Access to information – Solicitor-client privilege – Government Alberta (Minister of Municipal Affairs) v. Alberta (Information and Privacy Commissioner), [2019] A.J. No. 466, 2019 ABQB 274, Alberta Court of Queen’s Bench, April 17, 2019, S.N. Mandziuk J. As part of ...

The individual applicants were unsuccessful in attempting to quash the decision of the Ontario Government (the Minister of Children, Community, and Social Services). The Minister had decided to cancel a pilot program offering basic income to individuals in Ontario. The Court held the Minister’s decision was a policy and funding decision and could not be quashed by the Court.

Administrative law – Decisions reviewed – Minister of Children Community and Social Services – Government – Funding of programs Bowman v. Ontario (Minister of Children, Community and Social Services), [2019] O.J. No. 746, 2019 ONSC 1064, Ontario Superior Court of Justice, February 14, 2019, J.A. Thorburn, R.B. Reid and F.L. Myers JJ. The Respondent, Government ...

Regulatory body can modify legal rights when doing so is in the public interest

16. November 2018 0
Administrative law – Decisions reviewed – Racing Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness – Government – Gaming and betting Ontario Harness Horse Assn. v. Ontario (Alcohol and Gaming Commission), [2018] O.J. No. 4862, 2018 ONSC 5160, Ontario Superior Court of Justice, September 24, 2018, K.E. Swinton, A.C.R. Whitten and ...

BCSC confirms Consumer Protection BC’s position that collection company must stop attempting to contact debtors following request that communication be in writing only

15. August 2017 0
A collection company’s application for judicial review of a varied compliance order was dismissed because the interpretation of the legislation by Consumer Protection BC’s inspector was reasonable. Administrative law – Decisions of administrative tribunals – Government – Consumer protection – Judicial review – Compliance with legislation – Standard of review – Reasonableness CBV Collection Services ...

Court finds decision of the Chief to uphold applicant’s release from the Canadian Armed Forces due to the misuse of alcohol is reasonable

The Applicant, Mr. Darren Blair, applied for judicial review of a decision of the Respondent, National Defence Canada.  The Respondent had dismissed Mr. Blair from the Canadian Armed Forces on the basis he was Unsuitable for Further Service.  Mr. Blair’s application for judicial review was dismissed. Administrative law – Decisions of administrative tribunals – Government ...

Court did not intervene in Service New Brunswick’s decision to close a service centre

21. June 2016 0
Application for judicial review from discretionary ministerial decision to close government office. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Government – Government funding of programs – Judicial Review – Ministerial orders – Natural Justice – Procedural requirements and fairness Saint‑Quentin (Municipality) v. New Brunswick (Minister of Government Services), [2016] N.B.J. No. 65, 2016 ...