The Petitioner, Mr. Westergaard, successfully sought judicial review of a decision of the Financial Services Tribunal (the “Tribunal”). The Tribunal’s decision had upheld the decision of the Registrar of Mortgage Brokers cancelling Mr. Westergaard’s registration. The Respondent, Registrar of Mortgage Brokers, unsuccessfully brought its own petition for judicial review of the Tribunal’s decision that section 22(7) of the Mortgage Brokers Act applied to suitability hearings.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Financial Services Tribunal – Registrar of Mortgage Brokers – Mortgage brokers – Penalties and suspensions – Competence – Hearings – Limitations – Judicial review – Evidence – Previous complaints – Compliance with legislation – Standard of review – Patent unreasonableness Westergaard v. British Columbia (Registrar of Mortgage ...

The applicant Ukrainian Museum was denied its application to stay or quash the proceedings before the respondent Human Rights Commission as the application was premature

26. June 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Unreasonable delay – Test – Judicial review – Delay – Judicial review application – Striking out – Premature Ukrainian Museum of the Ukrainian v. Saskatchewan (Human Rights Commission), [2010] S.J. No. 256, 2010 SKQB 162, Saskatchewan Court of Queen’s Bench, April ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

The Petitioner, Lavigne, unsuccessfully brought an application for judicial review in respect of a reconsideration decision of the Respondent’s Appeal Tribunal, which related to the calculation of her long-term disability pay

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Average earnings – method of calculation – Judicial review – Evidence – Natural justice – Hearings – Failure to hold a hearing Lavigne v. British Columbia (Workers’ Compensation Board), [2010] B.C.J. No. 447, 2010 BCSC 341, British Columbia Supreme Court, January ...

The Applicant (“Dr. Khan”) unsuccessfully brought an application for judicial review in respect of a recommendation made by the Respondent Hospital’s Executive Committee of the Board of Directors (the “Committee”). The Committee recommended that Dr. Khan’s hospital privileges be terminated.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Physicians and surgeons – Hospital privileges – Hearings – Conduct of hearings – Bias – Judicial review application – Striking out – Premature – Judicial review – Compliance with legislation – Jurisdiction Khan v. Scarborough General Hospital, [2009} O.J. No. 5437, Ontario Superior ...

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 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 ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...

An employer applied for judicial review of a decision of the Employment Standards Tribunal. The Tribunal had purported to cure a breach of natural justice in a reconsideration decision, rather than return the matter to be heard anew. The Court dismissed the application, finding that the Reconsideration Panel had acted fairly in all the circumstances, and the process and hearing afforded to the employer accorded with the rules of natural justice and procedural fairness.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Termination of employment – Working conditions – Hearings – Conduct of hearings – Disclosure – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Taiga Works Wilderness Equipment ...

The application by a tenant (“Ganitano”) for judicial review of a decision and Order of a residential tenancy dispute resolution officer dismissing Ganitano’s application to dispute a 10-day notice and one-month notice to end tenancy was allowed where the Court found there were a number of procedurally significant problems in the Hearing which infringed Ganitano’s right to be heard on the application

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Adjudication – Landlord and tenant – Residential tenancy agreements – Termination – Hearings – Conduct of hearings – Failure to provide transcript of hearing – Judicial review – Procedural requirements and fairness – Limitations Ganitano v. Metro Vancouver Housing Corp., [2009] B.C.J. No. ...