The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal

27. September 2023 0
Administrative law – Decisions reviewed – Council for Pharmacists – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Correctness – Hearings – Pharmacists – Professional misconduct Thorkelson v. College of Pharmacists of Manitoba, [2023] M.J. No. 222, 2023 MBCA 69, Manitoba Court of Appeal, August 9, 2023, ...

Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances

16. May 2023 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Hearings – Hearing de novo – Judicial review – Procedural requirements and fairness – Remedies Faruk v. Ontario (Landlord and Tenant Board), [2023] O.J. No. 1617, 2023 ONSC 2191, Ontario Superior Court of Justice, April 13, 2023, M.G. Ellies R.S.J., N.L. Backhouse and T.R. ...

Petition for judicial review struck as improper attack on administrative proceedings

19. July 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result

21. June 2022 0
Administrative law – Decisions reviewed – Landlord and Tenant Board – Eviction – Reconsideration – Judicial review – Procedural requirements and fairness – Natural justice – Hearings – Adjournment of hearing – Unrepresented complainant Lacroix v. Central-McKinlay International Ltd., [2022] O.J. No. 2220, 2022 ONSC 2807, Ontario Superior Court of Justice, May 11, 2022, D.L. ...

I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision

22. February 2022 0
Administrative law – Decisions reviewed – Law Societies – Bias – Judicial review application – Premature – Procedural requirements and fairness – Evidence – Jurisdiction – Legislative compliance – Hearings – Notice – Hearing de novo – Barristers and solicitors – Professional misconduct – Disciplinary proceedings Hemminger v. Law Society of British Columbia, [2022] B.C.J. ...

Reasons are all around – a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

20. October 2020 0
Administrative law – Decisions reviewed – Municipal Appeals Committee – Variance orders – Legislative compliance – Judicial review – Standard of review – Reasonableness – Hearing Ewanek v. Winnipeg (City), [2020] M.J. No. 157, 2020 MBQB 98, Manitoba Court of Queen’s Bench, June 24, 2020, S. Bond J. Application by Ewanek for judicial review of ...

It was patently unreasonable for the Tribunal to dismiss Mr. Ma’s appeal from the Director’s Determination without a hearing

17. January 2017 0
When a tribunal is granted a high degree of deference it may not be patently unreasonable for the tribunal to dismiss an appeal of its decision without a hearing. Administrative law – Appeals – Bias – Decisions of administrative tribunals – Employment law – Employment Standards Tribunal – Evidence – Hearings – Judicial Review – ...

Alberta Court of Appeal did not have jurisdiction to hear appeal from chambers judge’s decision to deny leave under the Municipal Government Act

25. May 2016 0
The Alberta Court of Appeal held that, pursuant to the Municipal Government Act, RSA 2000, c.M-26 (the “MGA”), it did not have jurisdiction to hear an appeal of the Alberta Court of Queen’s Bench’s decision to refuse leave to appeal. Administrative law – Appeal Process – Appeals – Assessment Review Board – Decisions of administrative ...

Sanctions against basketball coaches were set aside after an unfair disciplinary hearing

21. April 2016 0
The Applicants, three volunteer basketball coaches, were sanctioned by the Respondent, the Ontario Association of Basketball Officials (“OABO”). The sanctions were imposed because of the Applicants’ treatment of officials after a high school basketball game. The Applicants succeeded in having the OABO’s decision set aside on this application for judicial review. Administrative law – Association ...

Medical Services Commission’s Audit Panel’s refusal to receive affidavit evidence of the appellant podiatrist was a breach of its common law duty of procedural fairness

21. April 2016 0
Appeal from the decision of Panel of the Healthcare Practitioner Special Committee for Audit Hearings ordering repayment of over $1.1 million and permanent cancellation of enrolment in MSP. Administrative law – Billing matters – Decisions of administrative tribunals – Delay – Evidence – Fairness – Hearings – Judicial Review – Ministry of Health Billing Integrity ...