Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis. Administrative law – Decisions reviewed – Human Rights Tribunal – Natural justice – Procedural requirements and fairness – Jurisdiction – Standard of review – Reasonableness – Human rights – Discrimination – Universities Health-Engel ...
When considering the nature and severity of non compliance, principles of proportionality, parity, rehabilitation, and deterrence, it was found that a $500,000 penalty was not patently unreasonable. Administrative law – Decisions reviewed – Trucking Commissioner – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Gulzar Transport Inc. v. British ...
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, ...
Administrative law – Decisions reviewed – Health Services Appeal Board – Judicial review – Legislative compliance – Standard of review – Correctness – Physicians and surgeons – Billing matters – Records Fialkov v. Ontario (Health Services Appeal and Review Board), [2023] O.J. No. 3618, 2023 ONSC 4244, Ontario Superior Court of Justice, August 14, 2023, ...
Applying a contextual and purposive interpretation to the Law Society of Ontario By-Laws, the Court held that the Hearing Division of the Law Society of Ontario has jurisdiction to refuse an application for a licence after that licence has already been issued where the applicant made a false or misleading representation on or in connection ...
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness Airbnb Ireland UC v. Vancouver (City), [2023] B.C.J. No. 1294, 2023 BCSC 1137, British Columbia Supreme Court, July ...
The British Columbia Supreme Court held that the principle that an appellate body should only raise a new issue when failing to do so would risk an injustice applies in a flexible and contextually appropriate manner to appeals and reconsiderations from administrative decision makers Administrative law – Decisions reviewed – Employment Standards Tribunal – Remuneration ...
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Legislative compliance – Appeals – Standard of review – Reasonableness – Municipalities – Building permits – Bylaws – Planning and zoning G.S.R. Capital Group Inc. v. White Rock (City), [2022] B.C.J. No. 180, 2022 BCCA 46, British Columbia Court of Appeal, February 4, ...
Administrative law – Decisions reviewed – Municipal boards – Judicial review – Appeals – Mootness – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Costs – Standard of review – Correctness – Municipalities – Power Prince Albert Right to Life Assn v. Prince Albert (City), [2020] S.J. No. 299, 2020 SKCA ...
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...
