The Appellant, Constable Jacobs, was found guilty of professional misconduct under the Police Services Act. He argued the wrong standard of proof was applied but the finding was upheld by the Ontario Civilian Police Commission and the Ontario Divisional Court. The Ontario Court of Appeal then allowed his appeal. Administrative law – Compliance with legislation ...
The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities. Administrative law – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Evidence – Judicial Review – Police – Police ...
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...
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 ...
Administrative law – Decisions of administrative tribunals – College of Physical Therapists – Physical Therapists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of proof – Failure to provide reasons Fitzpatrick v. Alberta College of Physical Therapists, [2012] A.J. No. 680, 2012 ABCA 207, Alberta Court of Appeal, June ...
Administrative Law – Decisions of administrative tribunals – Government institution – Freedom of information and protection of privacy – Public bodies – Disclosure – Third parties – Notice – Judicial review – Compliance with legislation – Evidence – Standard of proof Merck Frosst Canada Ltd. v Canada (Health), [2012] S.C.J. No. 3, 2012 SCC 3, ...
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Copyright – Recorded music – Regulation of rates – Judicial review – Evidence – Standard of proof – Procedural requirements and fairness – Failure to provide reasons Canadian Recording Industry Assn. v. Society of Composers, Authors and Music Publishers of Canada, ...
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...
Administrative law – Decisions of administrative tribunals – Law Societies – Judges – Professional misconduct / conduct unbecoming – Barristers and solicitors – Restoration of membership – Public interest – Hearings – Conduct of hearings – Jurisdiction – Judicial review – Evidence – Standard of proof Law Society of Upper Canada v. Evans, [2008] O.J. ...
Administrative law – Decisions of administrative tribunals – Environmental Review Board – Ministerial decisions – Environmental issues – Judicial review – Appeals – Leave to appeal – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No., 2460, ...