The Ontario Supreme Court of Justice reaffirmed that unless a statue expressly provides otherwise, a complainant in a professional discipline case has no standing to challenge reasonableness; however the complainant may challenge the decision on procedural fairness. Administrative law – Decisions reviewed – College of Teachers – Judicial review – Standing – Procedural requirements and ...
The Alberta Court of Appeal upheld the finding of unprofessional conduct for a veterinarian purchasing and failing to account for large quantities of a controlled substance and failing to cooperate in the investigation. Administrative law – Decisions reviewed – Association of Veterinarians – Judicial review – Appeals – Legislative compliance – Standard of review – ...
The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of ...
Administrative law – Decisions reviewed – Municipal boards – Judicial review – Procedural requirements and fairness – Mootness – Standard of review – Reasonableness – Municipalities – By-laws – Fire inspectors – Human rights – Charter of Rights and Freedoms Vandenberg v. Vancouver (City) Fire and Rescue Services, [2023] B.C.J. No. 2309, 2023 BCSC 2104, ...
Administrative law – Decisions reviewed – School boards – Powers and duties – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness – Correctness – Human rights – Charter of Rights and Freedoms Burjoski v. Waterloo Region District School Board, [2023] O.J. No. 5341, 2023 ONSC 6506, Ontario Superior ...
The Respondent, Alberta Utilities Commission, made a decision that prevented electrical utilities companies from earning a return on their mandated investments in electrical infrastructure. Four utilities companies successfully appealed the Commission’s decision to the Court of Appeal, on the basis the Commission breached its duty of procedural fairness. Administrative law – Decisions reviewed – Energy ...
Administrative law – Decisions reviewed – Minister of Fisheries and Oceans – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Fisheries – Licences – Permits – Aboriginal issues – Government’s duty to consult Grand Manan Fishermens Assn., Inc. v. Canada (Attorney General), [2023] F.C.J. No. 1514, 2023 FC 1418, ...
Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process Administrative law – Decisions reviewed – Employment and labour boards – Abuse of authority – Standard of review – Reasonableness – Employment – Appointment Ghafari v. Canada (Attorney General), [2023] F.C.J. No. 1452, ...
Ontario Superior Court of Justice finds College Committee appropriately balanced Dr. Peterson’s Charter right to freedom of expression and his professional obligations as a regulated member of the College of Psychologists of Ontario in its decision to order Dr. Peterson to engage in remedial activity following him making public statements that may be degrading, demeaning ...
Court addresses application of principles governing judicial discipline. Administrative law – Decisions reviewed – Justices of the Peace Review Council – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Judges – Professional misconduct or conduct unbecoming – Removal from office Ontario (Justice of the Peace) ...
